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Brown v. Lynch

United States Court of Appeals, Ninth Circuit

August 2, 2016

Mark Cyril Brown, Petitioner,
v.
Loretta E. Lynch, Attorney General, Respondent.

          Argued and Submitted April 7, 2014

          Petition Denied in part and Transferred in part to District Court August 18, 2014

          District Court order November 24, 2015

          Order for Supplemental Briefing January 22, 2016 San Francisco, California

         On Petition for Review of an Order of the Board of Immigration Appeals Agency No. A035-104-809

          Khaldoun Shobaki, and Michael Behrens (argued), Hueston Hennigan LLP, Los Angeles, California, for Petitioner.

          Yamileth G. Davila (argued) and Nancy K. Canter, Trial Attorneys; Katherine E. Clark, Senior Litigation Counsel; Benjamin C. Mizer, Principal Deputy Assistant Attorney General; Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C.; for Respondent.

          Before: Fortunato P. Benavides, [*] Richard C. Tallman, and Richard R. Clifton, Circuit Judges.

         SUMMARY[**]

         Immigration

         Following transfer, in part, of the case to the District Court for the Central District of California to make findings of fact and conclusions of law concerning a claim to United States citizenship, the panel denied Mark Brown's petition for review of the Board of Immigration Appeals' dismissal of his appeal of a removal order.

         The panel also held that the district court did not err in finding that Brown failed to establish that the former Immigration and Naturalization Service violated his procedural due process right to apply for citizenship in rejecting his applications for naturalization. The panel held that the district court did not clearly err in finding that neither INS employees nor policymakers acted with deliberate indifference toward Brown's attempts to naturalize.

          OPINION

          CLIFTON, Circuit Judge:

         Mark Brown, a native and citizen of India, petitions for review of the decision by the Board of Immigration Appeals to dismiss his appeal from an order of removal. Brown argues that the former Immigration and Naturalization Service violated his constitutional rights by preventing him from deriving citizenship through his parents and obstructing his attempt to apply for citizenship on his own account. We previously transferred Brown's case to the District Court for the Central District of California to make findings of fact and conclusions of law concerning his claim that he is entitled to U.S. citizenship. Brown v. Holder, 763 F.3d 1141 (9th Cir. 2014). The district court concluded that Brown had not established that ...


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