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BUSTAMANTE v. NAPOLITANO

Docket No. 08-0990-cv.

582 F.3d 403 (2009)

Carlos BUSTAMANTE, Plaintiff-Appellant, v. Janet A. NAPOLITANO, Secretary of U.S. Department of Homeland Security, Jonathan R. Scharfen, Acting Director, U.S. Citizenship and Immigration Services, Andrea Quarantillo, District Director, New York District, USCIS, Mark J. Mershon, Assistant Director in Charge, Federal Bureau of Investigation, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: September 28, 2009.

Attorney(s) appearing for the Case

Paul O'Dwyer, New York, NY, for Plaintiff-Appellant.

Mary Kenney, for Amicus Curiae, American Immigration Law Foundation, in support of Plaintiff-Appellant.

David Bober, Assistant United States Attorney, (Sarah S. Normand, Assistant United States Attorney, on the brief), for Preet Bharara, United States Attorney for the Southern District of New York, New York, NY, for Defendants-Appellees.

Before: STRAUB, POOLER, RAGGI, Circuit Judges.

POOLER, Circuit Judge:

Plaintiff-appellant Carlos Bustamante appeals from a judgment of the United States District Court for the Southern District of New York (McMahon, J.), granting defendants-appellees' motion to dismiss the complaint as moot. 8 U.S.C. § 1447(b) provides that a naturalization applicant can bring a petition to the district court when United States Citizenship and Immigration Services ("USCIS") has not decided the application for more...

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