Orozco-Solis v. Immigration & Naturalization Service
Opinion of the Court
MEMORANDUM
While the district court had jurisdiction pursuant to 8 U.S.C. § 1421(c) to review the denial of Orozco-Solis' naturalization
Section 1429 of Title 8 did not divest the district court of its jurisdiction. Jurisdiction stripping statutes are interpreted narrowly. Ana Intern., Inc. v. Way, 393 F.3d 886, 894 (9th Cir. 2004). Because 8 U.S.C. § 1421(c) plainly confers jurisdiction, and the language of 8 U.S.C. § 1429 does not mandate jurisdiction-stripping, section 1429 did not strip the district court of its jurisdiction under section 1421(c). See Bellajaro, 378 F.3d at 1047. However, because Orozco-Solis was in removal proceedings at the time the INS issued its decision, the district court should have affirmed the INS’ denial of his naturalization application. See id.
REVERSED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
Reference
- Full Case Name
- Juan Manuel OROZCO-SOLIS, Petitioner—Appellee v. IMMIGRATION AND NATURALIZATION SERVICE, Ronald J. Smith in his capacity as District Director, Respondents—Appellants
- Status
- Published