Ortega v. Holder, No. 08-3642

In an action for a declaration of nationality pursuant to 8 U.S.C. section 1503(a), district court's grant of the government's motion to dismiss for lack of subject matter jurisdiction is reversed and remanded as the language of section 1503(a)(1), read within the context of section 1503(a) and also read in conjunction with related provisions of Title 8, makes it clear that Congress intended individuals to pursue one of two routes to establish claims for nationality. Specifically, individuals can file an administrative application for a certificate of citizenship, which if denied, could be pursued by way of an action under 8 U.S.C. section 1503(a). 

Read Ortega v. Holder, No. 08-3642

Appellate Information

Appeal from the United States District Court for the Northern District of Illinois, Eastern Division

Decided January 15, 2010

Judges

Before:  Ripple, Flaum and Sykes, Circuit Judges

Opinion by Circuit Judge Ripple