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In re Hidalgo

19 Cited authorities

  1. United States v. Mendoza

    464 U.S. 154 (1984)   Cited 566 times   2 Legal Analyses
    Holding in an immigration context that the government could not be collaterally estopped from litigating a constitutional issue concerning its administration of the Nationality Act, adjudicated against it in a prior action brought by a different party

  2. INS v. Pangilinan

    486 U.S. 875 (1988)   Cited 309 times   1 Legal Analyses
    Holding that the burden of demonstrating every aspect of eligibility for citizenship is on the alien

  3. U.S. Philips Corp.

    414 U.S. 5 (1973)   Cited 199 times
    Holding that estoppel did not toll the Act's statutory deadline

  4. Zayed v. U.S.

    368 F.3d 902 (6th Cir. 2004)   Cited 95 times
    Holding that courts have jurisdiction but § 1429 prevents them from affording requested relief

  5. Shomberg v. United States

    348 U.S. 540 (1955)   Cited 90 times
    Holding that naturalization or the holding of final hearings on naturalization petitions are prohibited where deportation proceedings have been instituted under the provisions of the Immigration and Nationality Act or any other Act

  6. Benslimane v. Gonzales

    430 F.3d 828 (7th Cir. 2005)   Cited 33 times
    Granting a petition for review where the reason given for the denial was "completely arbitrary"

  7. Ngwana v. Attorney General of U.S.

    40 F. Supp. 2d 319 (D. Md. 1999)   Cited 27 times
    Holding that § 1429 does not divest the district court of its jurisdiction while a deportation proceeding is pending

  8. Apokarina v. Ashcroft

    232 F. Supp. 2d 414 (E.D. Pa. 2002)   Cited 20 times
    Rejecting suggestion in Cruz that district courts have jurisdiction to determine that an alien is prima facie eligible for naturalization but for the pending removal proceeding

  9. Nolan v. Holmes

    334 F.3d 189 (2d Cir. 2003)   Cited 12 times
    In Nolan, neither party raised the question whether IMMACT limited our review, and the question therefore was not considered, let alone decided.

  10. Ahmed v. Gonzales

    465 F.3d 806 (7th Cir. 2006)   Cited 8 times
    Noting that the alien "was waiting for his priority date on his sister's visa petition to become current"

  11. Section 1421 - Naturalization authority

    8 U.S.C. § 1421   Cited 916 times   1 Legal Analyses
    Granting district courts the authority to conduct de novo review of denials of applications for naturalization

  12. Section 1447 - Hearings on denials of applications for naturalization

    8 U.S.C. § 1447   Cited 862 times
    Stating that "the applicant may apply to the United States district court ... for a hearing on the matter" and "[s]uch court has jurisdiction over the matter and may either determine the matter or remand the matter, with appropriate instructions, to the [USCIS] to determine the matter"

  13. Section 1429 - Prerequisite to naturalization; burden of proof

    8 U.S.C. § 1429   Cited 365 times   1 Legal Analyses
    Explaining that "no person shall be naturalized unless he has been lawfully admitted to the United States for permanent residence in accordance with all applicable provisions of this chapter"

  14. Section 1239.2 - Cancellation of notice to appear

    8 C.F.R. § 1239.2   Cited 67 times
    Providing for dismissal of NTA as improvidently issued, and stating that such a dismissal is without prejudice to the alien or DHS

  15. Section 318.1 - Warrant of arrest

    8 C.F.R. § 318.1   Cited 34 times

    For the purposes of section 318 of the Act, a notice to appear issued under 8 CFR part 239 (including a charging document issued to commence proceedings under sections 236 or 242 of the Act prior to April 1, 1997) shall be regarded as a warrant of arrest. 8 C.F.R. § 318.1

  16. Section 1337.2 - Oath administered by the Immigration and Naturalization Service or an Immigration Judge

    8 C.F.R. § 1337.2

    (a)Public ceremony. An applicant for naturalization who has elected to have his or her oath of allegiance administered by the Service or an Immigration Judge and is not subject to the exclusive oath administration authority of an eligible court pursuant to section 310(b) of the Act shall appear in person in a public ceremony, unless such appearance is specifically excused under the terms and conditions set forth in this part. Such ceremony shall be held at a time and place designated by the Service