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AL-MALEKI v. HOLDER

No. 07-4260.

558 F.3d 1200 (2009)

Abbas Hanoun AL-MALEKI, Plaintiff-Appellee, v. Eric H. HOLDER, Jr., Attorney General; Janet Napolitano, Secretary of Department of Homeland Security; Alfonso Aguilar, Chief of Office of Citizenship; Robert S. Mueller, III, Director of Federal Bureau of Investigation, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

March 18, 2009.

Attorney(s) appearing for the Case

Walter Manning Evans (Emily Anne Radford, Assistant Director, and Stephen M. Elliott, Trial Attorney, on the briefs), Office of Immigration Litigation, United States Department of Justice, Civil Division, Washington, D.C., for Defendants-Appellants.

Eric A. Shumsky, Sidley Austin LLP, Washington, D.C. (J. Shawn Foster, Law Offices of J. Shawn Foster, LLC, Salt Lake City, UT; Madeleine V. Findley, Sidley Austin LLP, Washington, D.C.; and Tacy F. Flint, Sidley Austin LLP, Chicago, IL, with him on the brief), for Plaintiff-Appellee.

Before HENRY, Chief Judge, TACHA, and MURPHY, Circuit Judges.

MURPHY, Circuit Judge.

I. Introduction

In early 2006, Abbas Hanoun Al-Maleki, the appellee in this matter, filed an application for naturalization with United States Citizenship and Immigration Services ("USCIS"). USCIS conducted an interview with Al-Maleki in August 2006, but did not adjudicate his naturalization application within 120 days as required by statute. See 8 U.S.C. § 1447(b). Al-Maleki filed an action in federal court pursuant to...

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