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DE LARA BELLAJARO v. SCHILTGEN

No. 03-55095.

378 F.3d 1042 (2004)

Amado DE LARA BELLAJARO, Plaintiff-Appellant, v. Thomas J. SCHILTGEN, District Director of the INS, Los Angeles District Office; Immigration and Naturalization Service, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 6, 2004.

As Amended September 1, 2004.

Attorney(s) appearing for the Case

Michael Friedberg and Ronald T. Matten, Saldin & Friedberg, Los Angeles, CA, for the plaintiff-appellant.

Patricia M. Corrales-Talleda, United States Department of Justice, Civil Division, Los Angeles, CA, for the defendants-appellees.

Before: TROTT, RYMER, and THOMAS, Circuit Judges.

RYMER, Circuit Judge:

This appeal requires us to decide whether a district court has jurisdiction pursuant to 8 U.S.C. § 1421(c) to review the denial of an application for naturalization when a removal proceeding is pending.

Amado De Lara Bellajaro appeals the district court's judgment that it lacked jurisdiction under § 1421(c) to hear his petition for review of an application for naturalization that was filed while he was in removal proceedings...

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