Yith v. Nielsen, No. 16-15858 (9th Cir. 2018)
Annotate this CaseThe limitation imposed by 8 U.S.C. 1429 applies only to the executive branch's adjudication of naturalization applications, and only when removal proceedings are pending pursuant to an arrest warrant. The Ninth Circuit reversed the district court's dismissal for failure to state a claim of plaintiffs' complaint requesting adjudication of their naturalization applications under 8 U.S.C. 1447(b). In this case, the district court erred in dismissing the complaint where it was not the executive branch and there was no pending removal proceeding pursuant to a warrant of arrest. Therefore, section 1429 was not applicable. The panel remanded for further proceedings.
Court Description: Immigration. The panel reversed the district court’s dismissal for failure to state a claim of Seanlim and Seak Leang Yith’s complaint requesting adjudication of their naturalization applications, holding that the district court erred in concluding that 8 U.S.C. § 1429 precluded the Yiths from obtaining relief. 8 U.S.C. § 1429 provides that “no application for naturalization shall be considered by the Attorney General if there is pending against the applicant a removal proceeding YITH V. NIELSEN 3 pursuant to a warrant of arrest issued under the provisions of this chapter or any other Act.” The panel concluded that, by its terms, § 1429 precludes only the executive branch from considering an applicant’s naturalization application, and only when there is pending against the applicant a removal proceeding pursuant to a warrant of arrest. Because the district court is not the executive branch and there was no pending removal proceeding pursuant to a warrant of arrest, the panel concluded that § 1429 is not applicable to the Yiths. Concurring in part and concurring in the judgment, District Judge Bates agreed that § 1429 does not apply to the Yiths, but would reverse on that basis alone, and did not think it necessary to decide whether § 1429—if it did apply— would preclude the district court from considering a naturalization application.
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