JOSEPH EBU v. U.S. CITIZENSHIP AND IMMIGRATION SERVICES; MICHAEL ZERVAS, USCIS Louisville Field Office Director - Articles

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JOSEPH EBU v. U.S. CITIZENSHIP AND IMMIGRATION SERVICES; MICHAEL ZERVAS, USCIS Louisville Field Office Director

Posted by: Azya Thornton on Apr 16, 2025

Court: 6th Circuit Court (Published Opinions)

Attorneys 1: ARGUED: Brian T. Goldman, HOLWELL, SHUSTER & GOLDBERG, LLP, New York, New York, for Appellant.

Attorneys 2: ARGUED: Carolyn D. Dillard, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellees.

Attorneys 3: ON BRIEF: Brian T. Goldman, Vincent Levy, Michael Freedman, Colin Mark, HOLWELL, SHUSTER & GOLDBERG, LLP, New York, New York, Charles Roth, NATIONAL IMMIGRANT JUSTICE CENTER, Chicago, Illinois, for Appellant.

Attorneys 4: ON BRIEF: Carolyn D. Dillard, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellees.

Judge(s): CLAY, GIBBONS, and GRIFFIN, Circuit Judges

Court Appealed: United States District Court for the Eastern District of Kentucky at Lexington

GRIFFIN, Circuit Judge. Plaintiff Joseph Ebu, a lawful permanent resident, was subject to concurrent naturalization and removal proceedings. Believing that the pending removal proceedings took priority over his naturalization application, defendant United States Citizenship and Immigration Services (USCIS) delayed considering Ebu’s naturalization application until his removal proceedings concluded. But when that delay exceeded 120 days following his naturalization examination, Ebu asked the district court to “determine” his naturalization application and declare him prima facie eligible for naturalization pursuant to 8 U.S.C. § 1447(b). Relying on our unpublished opinion in Rahman v. Napolitano, 385 F. App’x 540, 544 (6th Cir. 2010), the district court dismissed Ebu’s complaint under a separate provision that prohibits the determination of a naturalization application while removal proceedings are pending, see 8 U.S.C. § 1429. Because Rahman is sound, we affirm the district court’s dismissal and hold that § 1429 precludes district courts from considering naturalization applications under § 1447(b) while removal proceedings are simultaneously pending against the applicant.

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