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HENRY v. QUARANTILLO

Civil Action No. 08-CV-1718 (DGT).

684 F.Supp.2d 298 (2010)

Leroy Anthony HENRY, Plaintiff, v. Andrea QUARANTILLO, District Director, New York District of the U.S. Citizenship and Immigration Services; Robert T Weimann, Chief, Administrative Appeals Office, United States Citizenship and Immigration Services; and U.S. Citizenship and Immigration Services, Defendants.

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

February 2, 2010.

Attorney(s) appearing for the Case

David Kwang Soo Kim, Bretz & Coven, LLP Staff Attorneys Office, New York, NY, for Plaintiff.

Margaret M. Kolbe, United States Attorneys Office Eastern District of New York, Brooklyn, NY.

MEMORANDUM AND ORDER

TRAGER, District Judge:

Plaintiff seeks a declaratory judgment under 8 U.S.C. § 1503(a) that he has acquired derivative citizenship through his father's naturalization, pursuant to Immigration and Nationality Act ("INA") § 321(a)(3), as previously codified at 8 U.S.C. § 1432(a)(3).1 Defendants move to dismiss the complaint and, alternatively, for summary judgment, arguing (1) the action...

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