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CHAN v. GANTNER

Docket No. 05-4573-CV.

464 F.3d 289 (2006)

Kai Tung CHAN, Plaintiff-Appellant, v. Mary Ann GANTNER, Interim District Director, United States Citizenship and Immigration Services, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: September 20, 2006.

Attorney(s) appearing for the Case

Michael P. DiRaimondo, (Marialaina L. Masi; Mary Elizabeth Delli-Pizzi, of counsel) DiRaimondo & Masi LLP, Melville, N.Y., for Plaintiff-Appellant.

F. James Loprest, Jr., Special Assistant United States Attorney, (Michael J. Garcia, United States Attorney for the Southern District of New York, on the brief; Kathy S. Marks, Assistant United States Attorney, of counsel) New York, N.Y., for Defendants-Appellees.

Before: STRAUB, POOLER, and SACK, Circuit Judges.

PER CURIAM.

Plaintiff-appellant, Kai Tung Chan, appeals from a judgment entered on June 28, 2005, in the Southern District of New York (John E. Sprizzo, Judge), upholding a decision by the Citizenship and Immigration Services (CIS) finding Chan ineligible for naturalization under 8 U.S.C. § 1427 because of a 1993 conviction for conspiracy to smuggle aliens, an aggravated felony under 8 U.S.C. § 1101(a)(43)(N), (U). We hold that: (1) the amendments...

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