Reapply for Citizenship after denial

[lazycis]

Federal District Court Review of Denial of Citizenship Application
If your citizenship application remains denied after the administrative review, you may ask a federal district court to review your application. To seek judicial review of your application by a federal district court, you must file a petition for review in the federal district court where you live.

Judicial review by a federal district court of a denial of a citizenship application is de novo (from the beginning). The federal district court will make its own findings of fact regarding your citizenship application and draw its own conclusions of law. If you request, the court will also hold a hearing on the review of your citizenship application.

The regulations require that you file the petition for review within 120 days after the final administrative denial of your citizenship application. However, the Tenth Circuit (Oklahoma, Kansas, New Mexico, Colorado, Wyoming, and Utah) has applied a six-year statute of limitations to a petition for review.

The Supreme Court held in Adams Fruit Co., Inc. v. Barrett, 494 U.S. 638 (1990) that
[a]lthough agency determinations within the scope of delegated authority are entitled to deference, it is fundamental "that an agency may not bootstrap itself into an area in which it has no jurisdiction.”

The Tenth Circuit quoted the Supreme court in its opinon in Nagahi
http://www.ilw.com/immigdaily/cases/2000,0720-Nagahi.shtm

"In the absence of a specific statutory limitations period, a civil action against the United States under the APA is subject to the six year limitations period found in 28 U.S.C. § 2401(a). See Chemical Weapons Working Group, Inc. v. U.S. Dep’t of the Army, 111 F.3d 1485, 1494-95 (10th Cir. 1997); see also Sierra Club v. Penfold, 857 F.2d 1307, 1315 (9th Cir. 1988); Smith v. Marsh, 787 F.2d 510, 512 (10th Cir. 1986). Mr. Nagahi’s petition was filed in the district court less than half a year after the INS’ final denial of his application for naturalization. Therefore, it was timely and the district court erred in finding it time barred under 8 C.F.R. § 336.9(b)."

 

[jt12]

so do you think that I don't have to repply I live in texas

 

[lazycis]

so do you think that I don't have to repply I live in texas

Your best bet is to pursue the issue with the court at this point. The court will need to resolve two questions: whether 120 day regulation is valid and whether yhe denial was wrong. If you do not want to spend much money/time on it, look for pro bono lawyers in your area.

 

[jt12]

Thank you for the great comments

 

[thrix]

yes they have entries & departures

No way. This is BS. I don't think they have it on daily basis. It must be on demand and not all trips available.

 

[boatbod]

No way. This is BS. I don't think they have it on daily basis. It must be on demand and not all trips available.

Of course they do. Airlines have to submit passenger manifests at departure, and your GC/passport gets scanned upon arrival. I'm absolutely sure all this data gets logged in some huge CBP database and is available to USCIS, FBI and other alphabet soup agencies as needed.

 

[jt12]

anybody has file in court after the 120 days and outcome?

 

[Pete6644]

and yes is hard to believe that during the hearing the officer did not let me explained that yes I took the trip that I forgot the dates and that after more that 15 trips did not have lines on the n-400 for all but the officer said you should submitted a separate sheet and ask me again, did you took the trips to Colombia and I said yes, and also said did you affirm the officer under oat that all the trips where in the n-400 and I have to said yes I told her that
So in a non-malicious way I lie under oat to an officer
The interview took only 7 minutes and I guess she has to validate the first decision
She was not going to go against another officer it is easiest to validate the first decision that overturned one.

How he knew your trip detail better than yourself?I know kepping travelers data needs hugeeeeeeeeeeeeeeee data base, unless they dig for the information on their hard copy files if there is anything suspeciouse with the whole application .Still does not make scence.
I have heard that they don't have information on that and this information will be provided by you based on your TD or passport..Could you explain what you think about it.
Thanks

 

[Bobsmyth]

How he knew your trip detail better than yourself?I guess that kepping travelers data needs hugeeeeeeeeeeeeeeee data base, unless they dig for the information on their hard copy files.Still does not make scence.
I have heard that they don't have information on that and this information will be provided by you based on your TD or passport..Could you explain how IO knew the detail.
Thanks

It's a known fact that DHS records your travel entry dates each time they scan your passport or GC. Also, flight manifests are shared with DHS.