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Keywords

attorneymotionleaseregulationnaturalizationadmissibility
motionleaseregulationnaturalizationadmissibility

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Perriello v. Napolitano

Facts

Savario Perriello, a native of Italy and lawful permanent resident of the U.S., was convicted in 1977 of arson and criminal mischief, serving seven years in prison. After his release, he built a life in the U.S., marrying a citizen and having four children. In 2000, upon returning from Italy, he was detained due to his past conviction, leading to removal proceedings initiated by the Immigration and Naturalization Service (INS). Perriello sought to terminate these proceedings based on his application for naturalization.

Savario Perriello, a native of Italy and lawful permanent resident of the U.S., was convicted in 1977 of arson and criminal mischief, serving seven years in prison. After his release, he built a life in the U.S., marrying a citizen and having four children. In 2000, upon returning from Italy, he was detained due to his past conviction, leading to removal proceedings initiated by the Immigration and Naturalization Service (INS).

Issue

Whether the Immigration Judge (IJ) and the BIA erred in denying Perriello's motion to terminate removal proceedings and his request for a waiver of inadmissibility.

Whether the Immigration Judge (IJ) and the BIA erred in denying Perriello's motion to terminate removal proceedings and his request for a waiver of inadmissibility.

Rule

An IJ may terminate removal proceedings if an alien establishes prima facie eligibility for naturalization, but must have an affirmative communication from the Department of Homeland Security (DHS) confirming this eligibility. The Attorney General has exclusive authority to naturalize individuals, and naturalization applications cannot be considered while removal proceedings are pending.

An IJ may terminate removal proceedings if an alien establishes prima facie eligibility for naturalization, but must have an affirmative communication from the Department of Homeland Security (DHS) confirming this eligibility.

Analysis

The court found that Perriello did not establish prima facie eligibility for naturalization as required by the regulations. The IJ's decision was based on the lack of an affirmative communication from DHS regarding Perriello's eligibility, which was not possible due to the statutory prohibition against considering naturalization applications during ongoing removal proceedings. The court emphasized that the BIA's interpretation of the regulations was controlling and that Perriello's arguments did not overcome the legal barriers he faced.

The court found that Perriello did not establish prima facie eligibility for naturalization as required by the regulations. The IJ's decision was based on the lack of an affirmative communication from DHS regarding Perriello's eligibility, which was not possible due to the statutory prohibition against considering naturalization applications during ongoing removal proceedings.

Conclusion

The court affirmed the BIA's decision, denying Perriello's petition for review and upholding the order of removal.

The court affirmed the BIA's decision, denying Perriello's petition for review and upholding the order of removal.

Who won?

The government prevailed in the case as the court upheld the BIA's decision to deny Perriello's petition for review, citing the lack of prima facie eligibility for naturalization and the statutory restrictions on considering such applications during removal proceedings.

The government prevailed in the case as the court upheld the BIA's decision to deny Perriello's petition for review, citing the lack of prima facie eligibility for naturalization and the statutory restrictions on considering such applications during removal proceedings.

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