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BUSTAMANTE v. CHERTOFF

Not 07 Civ. 6226(CM).

533 F.Supp.2d 373 (2008)

Carlos BUSTAMANTE, Plaintiff, v. Michael CHERTOFF, Secretary, U.S. Department of Homeland Security; Dr. Emilio T. Gonzales, Director, U.S. Citizenship and. Immigration-Senrices; Andrea Quarantillo, District Director, New York District, USCIS; and, Mark J. Mershon, Assistant Director in Charge, Federal Bureau of Investigation, Defendants.

United States District Court, S.D. New York.

January 29, 2008.

Attorney(s) appearing for the Case

Paul O'Dwyer, Law Office of Paul O'Dwyer, New York, NY, for Plaintiff.

Robert William Yalen, U.S. Attorney's Office, SDNY, New York, NY, for Defendant.

DECISION AND ORDER GRANTING DEFENDANT'S MOTION TO DISMISS

McMAHON, District Judge.

This case presents an issue of first impression in the Second Circuit.

On July 5, 2007, Plaintiff Carlos Bustamante commenced this action against Defendants pursuant to 8 U.S.C. § 1447(b) (2006), asking this court to grant a hearing on the merits of his application for naturalization or, in the alternative, to remand the case to the United States. Bureau of Citizenship...

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