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LJUTICA v. HOLDER

Docket No. 07-5638-cv.

588 F.3d 119 (2009)

Rajko LJUTICA, Plaintiff-Appellant, v. U.S. Attorney General Eric H. HOLDER, Jr., Secretary Janet A. Napolitano, Department of Homeland Security, Acting Deputy Director Michael Aytes, U.S. Citizenship and Immigration Services, New York District Director Andrea J. Quarantillo, U.S. Citizenship and Immigration Services, Defendant-Appellees.

United States Court of Appeals, Second Circuit.

Decided: December 3, 2009.

Attorney(s) appearing for the Case

Walter Drobenko, Drobenko & Associates, P.C., Astoria, NY, for Appellant.

Patricia L. Buchanan, Assistant United States Attorney (Sarah S. Normand, Assistant United States Attorney, on the brief), for Michael J. Garcia, United States Attorney for the Southern District of New York, New York, NY, for Appellees.

Before: JACOBS, Chief Judge, LEVAL, and SACK, Circuit Judges.

LEVAL, Circuit Judge:

Plaintiff appeals from an order of the United States District Court for the Southern District of New York (Rakoff, J.) granting summary judgment in favor of the Government. Plaintiff contended in his suit that, in denying him citizenship, the U.S. Citizenship and Immigration Services ("CIS") relied on a legally erroneous ground. CIS denied Plaintiff's application on the ground that Plaintiff's conviction under 18 U.S.C. § 1344 for...

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