Nagahi v. INS: 10th Circuit Rules That INS Regulation Limiting Time for Courts to Review Naturalization Denials Is Invalid

IMMIGRATION LAW & POLICY

Naturalization and Citizenship

NAGAHI V. INS: 10TH CIRCUIT RULES THAT INS REGULATION LIMITING TIME FOR COURTS TO REVIEW NATURALIZATION DENIALS IS INVALID
Immigrants' Rights Update, Vol. 14, No. 5, August 31, 2000

In the appeal of an action brought to review a denial of naturalization, the U.S. Court of Appeals for the Tenth Circuit has ruled that the regulation issued by the Immigration and Naturalization Service requiring such actions to be brought within 120 days of the denial of naturalization is invalid. The statute authorizing review of naturalization denials by federal district courts, section 310(c) of the Immigration and Nationality Act, does not set a time limit for such review, and the decision finds that the INS does not have the authority to set such a limit by regulation.

The Tenth Circuit's decision notes that the statutory authority for review of naturalization denials is "unusual in its scope-rarely does a district court review an agency decision de novo and make its own findings of fact." The statute sets no time limit for such review, but the INS by regulation has required that such actions be brought within 120 days of the denial. 8 CFR § 336.9(b). The court concluded that while the attorney general has broad authority over naturalization, this authority does not extend to limiting judicial review by federal courts. For this reason, the Tenth Circuit held, the regulation is invalid.

Nagahi v. INS, __ F.3d __, No. 98-4191 (10th Cir. July 14, 2000).