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WALJI v. GONZALES

No. 06-20937 Summary Calendar.

489 F.3d 738 (2007)

Shabir Hussein WALJI, Plaintiff-Appellant, v. Alberto R. GONZALES, U.S. Attorney General; Michael Chertoff, Secretary, Department of Homeland Security; Sharon A. Hudson, Director, Houston Office, U.S. Citizenship and Immigration Services; Emilio Gonzalez, Director, Citizenship & Immigration Services, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

June 19, 2007.

Attorney(s) appearing for the Case

Imran B. Mirza, Houston, TX, for Walji.

Charmaine Aarons Holder, Houston, TX, Daniel Jerome Davis, U.S. Dept. of Justice, Civ. Div., Washington, DC, for Defendants-Appellees.

Before REAVLEY, WIENER, and DeMOSS, Circuit Judges.

REAVLEY, Circuit Judge:

When, 120 days after the required examination of the applicant, the U.S. Citizenship and Immigration Services ("CIS") has not granted or denied an application for naturalization, the applicant may ask a U.S. district court to adjudicate the application. Does the 120 days begin to run after the first examination or after the mandatory background investigation is complete? The district court held the latter and dismissed the case for lack of...

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