Aljabri v. Holder, No. 12-1229 (7th Cir. 2014)
Annotate this CaseAljabri, born in Jordan, married a U.S. citizen in 1997 and became a lawful permanent resident in 2000. In 2003, he sought naturalization under 8 U.S.C. 1430. USCIS conducted an interview and then delayed for nine years. In 2007 Aljabri was convicted of wire fraud, money laundering, and structuring transactions not to trigger financial institution reporting requirements. He was sentenced to 84 months in prison. In 2008 DHS alleged that Aljabri was removable under 8 U.S.C. 1227(a)(2)(A)(iii), having been convicted of a crime causing victims a loss of more than $10,000. He was ordered removed in absentia. He filed suit, asking the district court either to naturalize him or declare him a U.S. citizen based on the still-pending 2003 application. The district court held that it lacked subject‐matter jurisdiction and dismissed in January, 2012. On May 3, 2012, USCIS denied the naturalization petition, stating that the final order of removal meant that he was no longer a lawful permanent resident and only permanent residents can be naturalized and that Aljabri could not demonstrate the good moral character necessary for naturalization. The Seventh Circuit reversed. The district court overlooked 8 U.S.C. 1447(b), which gives the court exclusive jurisdiction over the naturalization application until the matter is remanded to the agency.
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