Dubon v. Jaddou, No. 22-2280 (4th Cir. 2024)
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Isai Rivas Dubon, a native and citizen of Honduras, entered the United States without inspection in January 1999 and was ordered removed in May 2000. However, the removal order was never executed, and Dubon remained in the country. After successfully adjusting his status, he became a lawful permanent resident and applied for naturalization in August 2020. During the application process, Dubon disclosed a 2019 arrest for violating a domestic violence protection order, which was later dismissed. The United States Citizenship and Immigration Services (USCIS) interviewed Dubon in March 2021 but took no further action for 14 months, prompting Dubon to file a lawsuit in federal district court under 8 U.S.C. § 1447(b) in June 2022.
The United States District Court for the Middle District of North Carolina remanded Dubon’s naturalization application to USCIS, instructing the agency to decide within 15 days. The court found that USCIS had a valid reason for the delay due to Dubon’s outstanding removal order, which was terminated in August 2022. USCIS denied Dubon’s naturalization application six days after the remand, citing his 2019 arrest as a disqualifying factor for demonstrating "good moral character." Dubon appealed the district court’s remand order, arguing that the agency had not shown good cause for its delay.
The United States Court of Appeals for the Fourth Circuit reviewed the case and granted the government’s motion to dismiss the appeal for lack of jurisdiction. The court held that a remand order under 8 U.S.C. § 1447(b) is neither a final decision nor appealable under the collateral order doctrine. The court emphasized that such remand orders are interlocutory and do not end the litigation on the merits, thus falling outside the scope of appealable orders under 28 U.S.C. § 1291. The court concluded that Dubon’s interest in having his application decided by the district court rather than USCIS did not justify an immediate appeal.
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