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Keywords

felonydue processcitizenshipnaturalization
felonydue processcitizenshipnaturalization

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Duran-Pichardo v. United States AG

Facts

Duran-Pichardo, a native of the Dominican Republic, was lawfully admitted to the United States as a legal permanent resident in 1981. He applied for naturalization in 1997 and completed his examination in 1998, but never took the Oath of allegiance due to issues with his naturalization file. In 2008, he pled guilty to drug-related charges, leading to removal proceedings against him based on his aggravated felony status.

Duran-Pichardo, a native of the Dominican Republic, was lawfully admitted to the United States as a legal permanent resident in 1981. He applied for naturalization in 1997 and completed his examination in 1998, but never took the Oath of allegiance due to issues with his naturalization file. In 2008, he pled guilty to drug-related charges, leading to removal proceedings against him based on his aggravated felony status.

Issue

Whether Duran-Pichardo was removable despite his claim that he had a protected liberty interest in his naturalization application.

Whether Duran-Pichardo was removable despite his claim that he had a protected liberty interest in his naturalization application.

Rule

To become a naturalized citizen, an alien must take the Oath of allegiance, which is a clear statutory requirement for citizenship.

To become a naturalized citizen, an alien must take the Oath of allegiance, which is a clear statutory requirement for citizenship.

Analysis

The court determined that Duran-Pichardo never became a citizen because he failed to take the Oath, which is a mandatory step in the naturalization process. Despite completing other requirements, the absence of the Oath meant he remained subject to removal. The court also noted that the Government's delay in processing his application did not grant him any due process rights or remedy, as he was still an aggravated felon.

The court determined that Duran-Pichardo never became a citizen because he failed to take the Oath, which is a mandatory step in the naturalization process. Despite completing other requirements, the absence of the Oath meant he remained subject to removal. The court also noted that the Government's delay in processing his application did not grant him any due process rights or remedy, as he was still an aggravated felon.

Conclusion

The petition for review was denied, affirming the removal order against Duran-Pichardo.

The petition for review was denied, affirming the removal order against Duran-Pichardo.

Who won?

The Government prevailed in the case because Duran-Pichardo did not fulfill the requirement of taking the Oath, which is necessary for naturalization, and his aggravated felony status rendered him ineligible for relief.

The Government prevailed in the case because Duran-Pichardo did not fulfill the requirement of taking the Oath, which is necessary for naturalization, and his aggravated felony status rendered him ineligible for relief.

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