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KLENE v. NAPOLITANO

No. 12-1223.

697 F.3d 666 (2012)

Trinidad Kierulf KLENE, Plaintiff-Appellant, v. Janet NAPOLITANO, Secretary of Homeland Security, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided October 12, 2012.

Attorney(s) appearing for the Case

Rebecca M. Whiting (argued), Attorney, Immigration Attorneys, LLP, Chicago, IL, for Plaintiff-Appellant.

Craig A. Oswald , Attorney, Office of the United States Attorney, Chicago, IL, Durwood H. Riedel (argued), Attorney, Department of Justice, Civil Division, Washington, DC, for Defendants-Appellees.

Before EASTERBROOK, Chief Judge, and CUDAHY and KANNE, Circuit Judges.

EASTERBROOK, Chief Judge.

An alien (Trinidad Kierulf Klene, of the Philippines) applied for citizenship. United States Citizenship and Immigration Services ("the agency") denied the application after concluding that Klene's marriage to a U.S. citizen had been fraudulent. Klene promptly asked a district court for relief under 8 U.S.C. § 1421(c), which allows a judge to make an independent decision about an alien's entitlement to be naturalized; later, the agency...

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