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SAKARAPANEE v. DEP'T, HOMELAND SEC., U.S. CITIZEN

No. 09-6197.

616 F.3d 595 (2010)

Thanapong SAKARAPANEE, Petitioner-Appellant, v. DEPARTMENT OF HOMELAND SECURITY, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 19, 2010.

Attorney(s) appearing for the Case

ARGUED: Stephen E. Grauberger , Grauberger, Pierce & Green, PLLC, Mt. Juliet, Tennessee, for Appellant. Kimberly E. Wiggans , United States Department of Justice, Washington, D.C., for Appellee. ON BRIEF: Stephen E. Grauberger , Grauberger, Pierce & Green, PLLC, Mt. Juliet, Tennessee, for Appellant. Kimberly E. Wiggans , United States Department of Justice, Washington, D.C., Mercedes C. Maynor-Faulcon , Assistant United States Attorney, Nashville, Tennessee, for Appellee.

Before: GILMAN and COOK, Circuit Judges; and OLIVER, Chief District Judge.

OPINION

RONALD LEE GILMAN, Circuit Judge.

Thanapong Sakarapanee, a citizen of Thailand but a long-time legal resident of the United States, applied for naturalization. The agency known as United States Citizenship and Immigration Services (USCIS), a part of the Department of Homeland Security, denied his application because Sakarapanee had previously sought and received an early discharge from the United States Navy based on his status as an alien. After...

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