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GILDERNEW v. QUARANTILLO

No. 08-6301-cv.

594 F.3d 131 (2010)

Francis B. GILDERNEW, Plaintiff-Appellant, v. Andrea QUARANTILLO, District Director, New York City District Office, United States Citizenship and Immigration Services; Eduardo Aguirre, Director of the United States Citizenship and Immigration Services; Janet Napolitano, Secretary of the Department of Homeland Security; Eric H. Holder, Jr., Attorney General of the United States; Unites States Citizenship and Immigration Services, Bureau of Customs and Border Protection; Kip Hawley, Administrator of Transportation Security Administration, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: February 4, 2010.

Attorney(s) appearing for the Case

Eamonn Dornan, Dornan & Associates, P.L.L.C., New York, NY, for Plaintiff-Appellant.

F. James Loprest, Jr., United States Attorney's Office for the Southern District of New York (David S. Jones, of counsel), New York, NY, for Defendants-Appellees.

Before LEVAL, STRAUB, and WESLEY, Circuit Judges.

PER CURIAM.

Plaintiff, a native and citizen of Ireland, commenced this action seeking, inter alia, a declaratory judgment that he was entitled to naturalize, as well as a grant of naturalized citizenship following the denial of his application by the United States Citizenship and Immigration Services ("CIS"). Plaintiff contends that the CIS improperly denied his application because his absence from the country for over fourteen months—from September...

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