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WALJI v. GONZALES

No. 06-20937 Summary Calendar.

500 F.3d 432 (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.

September 14, 2007.

Attorney(s) appearing for the Case

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

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

Charles Roth, Nat. Imm. Justice Ctr., Chicago, IL, for Amicus Curiae.

Before REAVLEY, WIENER, and DEMOSS, Circuit Judges.

PER CURIAM:

Treating the petition for rehearing en banc as a petition for panel rehearing, the petition for panel rehearing is GRANTED. The prior opinion is withdrawn, and the following opinion is substituted:

Before REAVLEY, WIENER, and DeMOSS, Circuit Judges.

REAVLEY, Circuit Judge:

When the U.S. Citizenship and Immigration Services ("CIS") does not grant or deny an application for naturalization 120 days after the required examination of...

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