Idahosa v. Bureau of Immigration & Customs Enforcement

111 F. App'x 293

• Court: Court of Appeals for the Fifth Circuit
• Decided: October 20, 2004
• Docket: 04-20246
• Status: Unpublished

Opinion

PER CURIAM: *

Fidelis Osazuwa Idahosa appeals, pro se, the dismissal, for lack of subject matter jurisdiction, of his complaint seeking review of the denial of his application for naturalization. Our review is de novo. Aparicio v. Blakeway, 302 F.3d 437, 441 (5th Cir.2002).

Courts may review the denial of an application for naturalization only after it has been reviewed in an administrative hearing before an immigration officer. 8 U.S.C. § 1421(c). Idahosa did not comply with the applicable regulations for obtaining such a hearing. See 8 C.F.R. § 336.2; 8 U.S.C. § 1421(c). Because Idahosa did not exhaust the available administrative remedies, the district court lacked jurisdiction to review the denial of his application for naturalization. See 8 C.F.R. § 336.9(d); see also Townsend v. United States Dep’t of Justice Immigration & Naturalization Serv., 799 F.2d 179, 181 (5th Cir.1986).

AFFIRMED.

* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.