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PATEL v. NAPOLITANO

No. 11-6386.

706 F.3d 370 (2013)

KAMAL PATEL, a/k/a KAMALBHAI KANTI Patel, Plaintiff-Appellant, v. Janet NAPOLITANO; Jonathan R. Scharfen; Eric Holder; Harley Lappin, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: January 25, 2013.

Attorney(s) appearing for the Case

ARGUED: Stephanie D. Taylor , Jones Day, Pittsburgh, Pennsylvania, for Appellant. Seth Morgan Wood , Office of the United States Attorney, Raleigh, North Carolina, for Appellees. ON BRIEF: Lawrence D. Rosenberg , Jones Day, Washington, D.C., for Appellant. Thomas G. Walker , United States Attorney, R.A. Renfer, Jr. , Assistant United States Attorney, Office of the United States Attorney, Raleigh, North Carolina, for Appellees.

Affirmed by published opinion. Judge GREGORY wrote the majority opinion, in which Judge SHEDD joined. Judge DAVIS wrote a dissenting opinion.

OPINION

GREGORY, Circuit Judge:

Kamal Patel, a permanent resident alien and federal inmate, appeals the dismissal of his action under 8 U.S.C. § 1503(a) for a judgment declaring him a United States national. Patel alleges that he is a United States national because he applied for citizenship, registered for the Selective Service, and declared his permanent allegiance to various United States officials. Because...

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