Yith v. Nielsen, No. 16-15858 (9th Cir. 2018)Annotate this Case
The 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.