Notes of Decisions
Moya v. United States Dep't of Homeland Sec., 975 F.3d 120 (2d Cir. 2020).
· cites it 3× “8 U.S.C. § 1423 (a). The 18 INA grants an exemption to “any person who is unable because of physical or 3 1 developmental disability or mental impairment” to comply with these testing 2 requirements.”
United States v. Montoya De Hernandez, 473 U.S. 531 (1985).
· cites it 2× “8 U. S. C. § 1423 (2) (as a condition of naturalization, a person must have "a knowledge and understanding of the fundamentals of the history, and of the principles and form of government, of the United States").”
Tuan Anh Nguyen v. Immigr. & Naturalization Serv., 533 U.S. 53 (2001).
· cites it 2× “, 8 U. S. C. §§ 1423 , 1427. This option now may be foreclosed to Nguyen, but any bar is due to the serious nature of his criminal offenses, not to an equal protection denial or to any supposed rigidity or harshness in the citizenship laws.”
De Dandrade v. U.S. Dep't of Homeland Sec., 367 F. Supp. 3d 174 (S.D. Ill. 2019).
· cites it 4× “8 U.S.C. § 1423 (a), (b). All nine individual plaintiffs submitted at least one N-648 Medical Certification for Disability Exception waiver form to USCIS.”
Kungys v. United States, 485 U.S. 759 (1988).
· cites it 2× “The same argument could be made with respect to a misrepresentation that effects free enrollment in a reading course, which produces the prerequisite of English literacy, see 8 U. S. C. § 1423 . [7] Such analysis stretches the "concealment or misrepresentation" clause of §…”
Maslenjak v. United States, 2017 U.S. LEXIS 4042 (2017).
“Congress has prescribed specific eligibility standards for new citizens, respecting such matters as length of residency and "physical[ ] presen[ce]," understanding of English and American government, and (as previously mentioned) "good moral character," with all its many…”
Sandoval v. Hagan, 7 F. Supp. 2d 1234 (M.D. Ala. 1998).
· cites it 5× “at 8 (citing 8 U.S.C. § 1423 )), and federal regulations requiring operators of commercial vehicles to demonstrate limited proficiency in the English language.”
Katzenbach v. Morgan, 384 U.S. 641 (1966).
· cites it 2× “239 , 8 U. S. C. § 1423 (1964 ed.), attesting to the national view of its importance as a prerequisite to full integration into the American political community.”
Espinoza v. Farah Mfg. Co., 414 U.S. 86 (1973).
· cites it 2× “A person born in the United States, the argument goes, automatically obtains citizenship at birth, while those born elsewhere can acquire citizenship only through a long and sometimes difficult process.”
Sugarman v. Dougall, 413 U.S. 634 (1973).
· cites it 2× “" 8 U. S. C. § 1423 . The purpose was to make the alien establish that he or she understood, and could be integrated into, our social system.”
Ruiz v. Hull, 957 P.2d 984 (Ariz. 1998).
· cites it 2× “Congress has recognized the importance of understanding English in such matters as naturalization legislation, 8 U.S.C. § 1423 , and the need for the education of non-English-speaking students, Equal Educational Opportunity Act of 1974, 20 U.”
Fedorenko v. United States, 449 U.S. 490 (1981).
“See 8 U. S. C. §§ 1423 , 1427 (d). Our decision makes it unnecessary to resolve the question whether the Court of Appeals correctly interpreted the materiality test enunciated in Chaunt .”
Campos v. Immigr. & Naturalization Serv., 32 F. Supp. 2d 1337 (S.D. Fla. 1998).
· cites it 3× “PLAINTIFFS’ CLAIMS UNDER THE INA Pursuant to 8 U.S.C. § 1423 (b)(1), Congress has provided for a medical waiver of the English and Civics portion of the naturalization exam for persons who are ill or severely handicapped.”
United States v. Antonio Medina Puerta, 982 F.2d 1297 (9th Cir. 1992).
“§ 1425 ) or do not speak English or understand American institutions ( 8 U.S.C. § 1423 ). 4 .Permanent resident status may only be obtained by aliens who are eligible for immigrant visas.”
Kaplan v. Chertoff, 481 F. Supp. 2d 370 (E.D. Pa. 2007).
“See 8 U.S.C. §§ 1423 , 1427(a) & (e), 1429; 8 C.”
Campos v. Immigr. & Naturalization Serv., 70 F. Supp. 2d 1296 (S.D. Fla. 1998).
· cites it 9× “” Pursuant to 8 U.S.C. § 1423 (b)(1), and implementing regulations and interpretations, Congress has provided for a “medical waiver” of the English and civics portion of the naturalization exam for persons who are ih or severely handicapped.”
United States v. Ramos Colon, 415 F. Supp. 459 (D.P.R. 1976).
“See also 8 U.S.C. § 1423 (1). 13 .We note in passing that although we failed to make specific reference to these other affidavits earlier in the decision, we did consider them in weighing Defendant’s contention regarding composition.”
Boatswain v. Ashcroft, 267 F. Supp. 2d 377 (E.D.N.Y 2003).
“See 8 U.S.C. §§ 1423 and 1429. However, subdivisions (b)(l)-(3) of § 1440 create certain exceptions to this requirement that applicants comply with all the requirements of Subchapter III.”
Soberal-Perez v. Schweiker, 549 F. Supp. 1164 (E.D.N.Y 1982).
“Our national interest in English as the common language is exemplified by 8 U.S.C. § 1423 , which requires, in general, English language literacy as a condition to naturalization as a United States citizen.”
Lucaj v. Dedvukaj, 13 F. Supp. 3d 753 (E.D. Mich. 2014).
“See 8 U.S.C. § 1423 (a), § 1427(a)(3). The applicant also has the burden of proving he was “lawfully admitted to the United States for permanent residence.”
Soberal-Perez v. Heckler, 717 F.2d 36 (2d Cir. 1983).
“8 U.S.C. § 1423 (1976 & Supp. II 1978). (Because they were born in Puerto Rico, plaintiffs Soberal-Perez, Cortez, and Carballo are citizens of the United States, 8 U.”
Cheung Tin Wong v. United States Immigr. & Naturalization Serv., 468 F.2d 1123 (D.C. Cir. 1972).
“8 U.S.C. § 1423 (1970). Circumstances suggesting an inability to speak English were thus sufficient grounds for Podrasky’s suspicion that petitioner was an alien, and Section 1357(a)(1) thus empowered him to “interrogate” petitioner “as to his right to be or to remain in the…”
Aparicio v. Blakeway, 302 F.3d 437 (5th Cir. 2002).
“See 8 U.S.C. § 1423 (a), § 1427(a)(3). The applicant also has the burden of proving he was “lawfully admitted to the United States for permanent residence.”
Rico v. Immigr. & Naturalization Serv., 262 F. Supp. 2d 6 (E.D.N.Y 2003).
“Plaintiffs Testimony Plaintiff testified in English, demonstrating the required proficiency for naturalization pursuant to 8 U.S.C. § 1423 (a)(1). Nevertheless, a Spanish language interpreter was made available to him during the hearing.”
United States v. Divna Maslenjak, 943 F.3d 782 (6th Cir. 2019).
“The district court sentenced Maslenjak to two years of probation, and, based on her conviction, revoked her citizenship pursuant to 8 U.S.C. § 1423 . Maslenjak timely appealed.”
Torres v. Sachs, 381 F. Supp. 309 (S.D.N.Y. 1974).
“8 U.S.C. § 1423 . Puerto Rico is a bilingual country but the primary language of its people and in its classrooms is Spanish.”
Olagues v. Russoniello, 797 F.2d 1511 (9th Cir. 1986).
“See 8 U.S.C. § 1423 (1). Bilingual ballots were provided in Spanish and Chinese in the relevant counties because of large Hispanic and Chinese communities.”
Hussain v. Chertoff, 486 F. Supp. 2d 196 (D. Mass. 2007).
“” 8 U.S.C. § 1423 . He must not advocate or teach certain totalitarian forms of government, or be affiliated with those who do.”
Carmona v. Sheffield, 325 F. Supp. 1341 (N.D. Cal. 1971).
“Congress has seen fit to require at least an elementary understanding of the English language as a condition to naturalization, 8 U.S.C. § 1423 (1). The extent to which special consideration should be given to persons who have difficulty with the English language is a matter of…”
Galvez-Letona v. Kirkpatrick, 54 F. Supp. 2d 1218 (D. Utah 1999).
· cites it 3× “Pursuant to 8 U.S.C. § 1423 (b)(1), the Service waived the English and history requirements including the written examination due to Mr.”
Hon Keung Kung v. Dist. Dir., Immigr. & Nat. Serv., 356 F. Supp. 571 (E.D. Mo. 1973).
“8 U.S.C. § 1423 (1970). Circumstances suggesting an inability to speak English were thus sufficient grounds for [the officer's] suspicion that petitioner was an alien and Section 1357(a)(1) thus empowered him to `interrogate' petitioner `as to his right to be or to remain in the…”
In re Naturalization of Bronkovitch, 172 F. Supp. 319 (D. Maryland 1959).
“8 U.S. C.A. § 1423(1). Petitioner thereafter filed another petition for naturalization and the Service concedes that he meets all of the requirements for naturalization under the present law unless he is barred by sec.”
— 8 U.S.C. § 1423(1) — 1 case
In re Naturalization of Bronkovitch, 172 F. Supp. 319 (D. Maryland 1959).
“8 U.S. C.A. § 1423(1). Petitioner thereafter filed another petition for naturalization and the Service concedes that he meets all of the requirements for naturalization under the present law unless he is barred by sec.”
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