Case Details

CourtEastern District of New York
Docket number1:13-cv-03020-CBA
Date case filed
Date case closed
Date of latest filing
Assigned to
Case cause28:1361 Petition for Writ of Mandamus
Nature of suitOther Immigration Actions
Jury demand
Demand
Jurisdiction

Case Parties

None listed

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
52013-07-12 MEMORANDUM & ORDER: Gittens seeks mandamus relief pursuant to 28 U.S.C. § 1361 and requests that this Court compel the Attorney General to re-open and adjudicate nunc pro tunc his previously filed naturalization app lication. Gittens has filed two prior actions in this Court seeking the same relief. As this Court has repeatedly noted, a petition for review filed with the appropriate court of appeals pursuant to 8 U.S.C. § 1252(b)(5) is the exclusive me ans of review for Gittens's nationality claim. That Gittens has styled his claim for relief as a mandamus petition filed "in conjunction with" his § 2241 habeas petition does not cure this jurisdictional defect. For the rea sons stated above, Gittens's 1 application is denied. The Clerk of Court is directed to close the docket in this case. SO ORDERED by Chief Judge Carol Bagley Amon, on 7/11/2013. C/mailed. (Forwarded for Judgment.) (Latka-Mucha, Wieslawa)