1447(b) suite deprives USCIS of jurisdiction over an N400 application

District courts in the Eastern District of Michigan, Lucaj v. Dedvukaj, 2010 WL 3766491 (E.D.Mich. Sept. 21, 2010) (published); the Eastern District of Tennessee, Abujheisha v. Dennis, 2010 WL 4320500 (E.D. Tenn. Oct. 26, 2010); and the Southern District of Ohio, Omar v. Holder, 2010 WL 4879007 (S.D. Ohio Nov. 23, 2010) have recently concluded that the filing of a petition for hearing on a naturalization application under 8 USC 1447(b) vests exclusive jurisdiction over the application with the district court.  A 1447(b) action seeks judicial review of a naturalization application if the USCIS fails to make a decision within 120 days of the naturalization interview.

In the view of these courts, which have joined the majority of the district courts as well as the Second, Fourth, and Ninth Circuits, the USCIS cannot deny an N-400 once the applicant files the 1447(b) complaint with the federal court.

The Omar Court retained jurisdiction and will decide the application on the merits.  The Lucaj and Abujheisha Courts remanded the applications to the USCIS, which will presumably issue a new denial.  A remand in a situation where USCIS has already announced its intention to deny the application is futile from the perspective of the applicant.  As the Omar Court noted, if background checks have been completed, the district court is capable of deciding the application on the merits.