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Bustamante v. Napolitano

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Argued: March 27, 2009

Before: STRAUB, POOLER, RAGGI, Circuit Judges.

Plaintiff-appellant Carlos Bustamante appeals from a judgment of the United States District Court for the Southern District of New York (McMahon, J.), granting defendantsappellees’ motion to dismiss the complaint as moot. 8 U.S.C. § 1447(b) provides that a naturalization applicant can bring a petition to the district court when United States Citizenship and Immigration Services (“USCIS”) has not decided the application for more than 120 days after the initial examination of the applicant. The district court “has jurisdiction over the matter and may either determine the matter or remand the matter, with appropriate instructions, to the Service to determine the matter.” 8 U.S.C. § 1447(b). In this case, the district court ruled that USCIS could still decide Bustamante’s naturalization application after he filed a Section 1447(b) petition. Since USCIS denied Bustamante’s application, the district court deemed this Section 1447(b) action moot.

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