Juan Manuel Delgado v. Markwayne Mullin, Secretary, Department of Homeland Security, et al.

Summary

The court grants defendants’ motion to dismiss Juan Manuel Delgado’s petition for de novo review of the denial of his naturalization application under 8 U.S.C. § 1421(c). It holds that exhaustion of administrative remedies under § 1421(c) is prudential rather than jurisdictional and that requiring further exhaustion would be futile. The court concludes that Delgado cannot state a claim because he was not lawfully admitted for permanent residence and the denial of his I-751 petition must be reviewed in removal proceedings rather than in the district court.

Holdings

1. The exhaustion requirement associated with § 1421(c) is prudential rather than jurisdictional.
2. The court excused exhaustion because another N-336 review would be futile.
3. Termination of Delgado's conditional permanent resident status while his N-400 application was pending rendered him ineligible for naturalization.
4. A district court reviewing a naturalization denial under § 1421(c) may not review the denial or termination of an I-751 petition; that determination must be reviewed in removal proceedings before an immigration judge.

Questions Presented

1. Whether exhaustion of administrative remedies under 8 U.S.C. § 1421(c) is jurisdictional or prudential.
2. Whether the court should excuse exhaustion because requiring Delgado to pursue another N-336 administrative review would be futile.
3. Whether a district court reviewing a naturalization denial under § 1421(c) may review USCIS's termination or denial of an I-751 petition.
4. Whether termination of Delgado's conditional permanent resident status while his N-400 application was pending rendered him ineligible for naturalization.

Disposition

dismissed