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ESCALER v. U.S. CITIZENSHIP AND IMMIGRATION SERVS.

No. 07-3769-cv.

582 F.3d 288 (2009)

Jaime Borromeo ESCALER, Plaintiff-Appellant, v. UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES; Edward McElroy, District Director; Eric H. Holder Jr., United States Attorney General; Department of Homeland Security, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: September 11, 2009.

Attorney(s) appearing for the Case

Thomas E. Moseley, Newark, New Jersey, for Plaintiff-Appellant.

F. James Loprest, Jr., Special Assistant United States Attorney (Michael J. Garcia, United States Attorney, on the brief, Ross E. Morrison, Assistant United States Attorney, of counsel), Office of the United States Attorney for the Southern District of New York, NY, New York, for Defendants-Appellees.

Before WINTER and SACK, Circuit Judges, and COGAN, District Judge.

WINTER, Circuit Judge:

Jaime Borromeo Escaler brought the present action seeking an order compelling the United States Citizenship and Immigration Services ("CIS") either to issue him a certificate of naturalization or to reopen his naturalization application nunc pro tunc to 1993. The CIS takes the position that appellant failed to take the required oath of allegiance in a public ceremony before leaving the United States for a period of time that rendered...

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