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DUNG PHAN v. HOLDER

No. 10-1794.

667 F.3d 448 (2012)

DUNG PHAN, Plaintiff-Appellant, v. Eric H. HOLDER, Jr., Attorney General of the United States; Neil H. MacBride, U.S. Attorney Eastern District of Virginia; Alejandro Mayorkas, U.S. Citizenship & Immigration Services; Janet Napolitano, Department of Homeland Security, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: February 1, 2012.

Attorney(s) appearing for the Case

ARGUED: Daniel K. Dorsey , Law Office of Daniel K. Dorsey, Washington, D.C., for Appellant. Monika L. Moore , Office of the United States Attorney, Alexandria, Virginia, for Appellees. ON BRIEF: Neil H. MacBride , United States Attorney, Alexandria, Virginia, for Appellees.

Affirmed by published opinion. Judge DIAZ wrote the opinion, in which Judge GREGORY and Judge WYNN joined.

OPINION

DIAZ, Circuit Judge:

In 2008, Dung Phan's application for naturalization was denied by the U.S. Citizenship and Immigration Services ("USCIS"). USCIS determined that Phan's 2002 conviction in the District of Columbia Superior Court for distribution of cocaine in a drug-free zone qualified as an aggravated felony under the Immigration and Nationality Act ("INA"), which prevented Phan from establishing his good moral character and thus from obtaining...

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