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Keywords

defendantjurisdictionmotionfelonynaturalization
defendantjurisdictionfelonynaturalization

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Saba-Bakare v. Chertoff

Facts

Saba-Bakare is a citizen of Nigeria who has lived in the United States as a legal permanent resident since February 1986. After returning from a trip abroad in April 2003, immigration authorities determined that a previous conviction for second degree felony sexual assault rendered him inadmissible, leading to a Notice to Appear in removal proceedings. While these proceedings were pending, Saba-Bakare filed an application for naturalization, which was denied by the USCIS due to his conviction. He subsequently sought a motion to terminate the removal proceedings, arguing he was prima facie eligible for naturalization.

Saba-Bakare is a citizen of Nigeria who has lived in the United States as a legal permanent resident since February 1986. After returning from a trip abroad in April 2003, immigration authorities determined that a previous conviction for second degree felony sexual assault rendered him inadmissible, leading to a Notice to Appear in removal proceedings.

Issue

Whether the district court had subject matter jurisdiction to review the denial of Saba-Bakare's naturalization application and to declare him prima facie eligible for naturalization.

Whether the district court had subject matter jurisdiction to review the denial of Saba-Bakare's naturalization application and to declare him prima facie eligible for naturalization.

Rule

Under 8 U.S.C. 1429, no application for naturalization shall be considered if there is a pending removal proceeding against the applicant. The district court lacks jurisdiction to review the USCIS's determination of prima facie eligibility for naturalization when removal proceedings are ongoing.

Under 8 U.S.C. 1429, no application for naturalization shall be considered if there is a pending removal proceeding against the applicant.

Analysis

The court applied the rule by determining that because there was a pending removal proceeding against Saba-Bakare, the USCIS had no authority to consider his naturalization application. The district court correctly vacated the USCIS's denial of the application as improvidently granted, as the initial denial had no continuing legal effect. Consequently, the court held that it lacked jurisdiction to declare Saba-Bakare prima facie eligible for naturalization.

The court applied the rule by determining that because there was a pending removal proceeding against Saba-Bakare, the USCIS had no authority to consider his naturalization application.

Conclusion

The court affirmed the district court's decision denying Saba-Bakare's requested relief for lack of subject matter jurisdiction.

The court affirmed the district court's decision denying Saba-Bakare's requested relief for lack of subject matter jurisdiction.

Who won?

The defendants, the Secretary of the Department of Homeland Security and the Director of the USCIS, prevailed because the court found that the district court lacked subject matter jurisdiction to review the naturalization application due to the pending removal proceedings.

The defendants, the Secretary of the Department of Homeland Security and the Director of the USCIS, prevailed because the court found that the district court lacked subject matter jurisdiction to review the naturalization application due to the pending removal proceedings.

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