Section 336(b) of the INA, 8 U.S.C. § 1447(b), gives a district court jurisdiction to intervene in a case where USCIS has failed to make a decision on the naturalization application within 120 days of the applicant’s “examination” by USCIS. This Practice Advisory discusses the nuts and bolts of bringing a suit under INA § 336(b). It also discusses when attorneys fees under the Equal Access to Justice Act are available.
Published: July 14, 2016
Share:
Related Resources
Seeking Stays of Removal
- Federal Courts/Jurisdiction
- January 17, 2025
This practice advisory discusses the law, procedure, and practical tips for seeking a stay of removal from DHS, immigration judges, the Board of Immigration Appeals, and the U.S. courts of appeals.
Read More
Judicial Review of Visa Decisions After the Supreme Court’s Decision in Department of State v. Muñoz
- Employment Based Immigration
- January 15, 2025
In Department of State v. Muñoz, 602 U.S. 899 (2024), the U.S. Supreme Court concluded that…
Read More
Practice Alert: Padilla v. ICE and Delays in Credible Fear Interviews
- Asylum
- January 8, 2024
The practice alert explains the scope of a class settlement agreement in Padilla v. ICE that provides protections for detained asylum seekers who face prolonged delays before receiving their credible fear interviews.
Read MoreMap The Impact
Explore immigration data where you live
Our Map the Impact tool has comprehensive coverage of more than 100 data points about immigrants and their contributions in all 50 states and the country overall. It continues to be widely cited in places ranging from Gov. Newsom’s declaration for California’s Immigrant Heritage Month to a Forbes article and PBS’ Two Cents series that targets millennials and Gen Z.
100+
datapoints about immigrants and their contributions
Make a contribution
Make a direct impact on the lives of immigrants.
