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Iqbal v. U.S. Citizenship & Immigratin Servs.

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DECISION AND ORDER INTRODUCTION   Ghazanfar Iqbal (“Plaintiff”) commenced this action on October 23, 2017, challenging the United States Citizenship and Immigration Service’s (the “USCIS”) denial of his naturalization application under the Immigration and Nationality Act, 8 U.S.C. §1101 et seq. (the “INA”), and the Administrative Procedure Act, 5 U.S.C. §701 et seq. (the “APA”). (Dkt. 1). Plaintiff claims that Defendants violated the INA and the APA by improperly concluding that he failed to maintain continuous residency in the United States for the statutorily required period and lacked the “good moral character” necessary for naturalization. (See Dkt. 1 at 12-13). Plaintiff requests that the Court order a plenary hearing, review his application for naturalization de novo, and grant him his request for naturalization. (Id. at 14). Pending before the Court is Defendants’ motion for summary judgment (Dkt. 15) and motion to amend/correct the motion for summary judgment (Dkt. 16). Because the Court concludes that the undisputed facts establish that Plaintiff failed to maintain continuous residency in the United States from the date of his naturalization application up to the time of admission to citizenship, summary judgment is granted in favor of Defendant without the Court reaching the issue concerning the determination as to Plaintiff’s good moral character. BACKGROUND Unless otherwise indicated, the following facts are taken from the parties’ Rule 56 statements. (See Dkt. 15-17; Dkt. 20). Plaintiff, a citizen of Pakistan, arrived in this country in 1996 and is a lawful permanent resident of the United States. (Dkt. 15-17 at

1-3; Dkt. 20 at

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