In Re Brifki

Background

Newzad R. Brifki asked the court to issue, or direct the appropriate executive agency to issue, a corrected Certificate of Naturalization. His certificate listed his birth year as 1982, but he contended that he was born in 1984.

Jurisdiction

The court explained that before October 1, 1991, federal courts had exclusive authority to naturalize people and could correct, reopen, alter, modify, or vacate naturalization judgments. The Immigration Act of 1990 transferred the sole authority to naturalize people to the Attorney General. As a result, courts retained authority under Rule 60 of the Federal Rules of Civil Procedure over certificates issued before October 1, 1991, but generally lacked authority over certificates issued on or after that date.

Brifki’s Certificate of Naturalization was issued in 2008. The court therefore concluded that the certificate was outside its authority to alter or amend. The court described the evidence that the birth date was wrong and the error was inadvertent as compelling, but stated that it nevertheless lacked jurisdiction to make the requested change.

The opinion also noted that, in an earlier round of this case, Brifki had challenged a regulation limiting when the immigration agency could alter a Certificate of Naturalization. The court stated that claim had been dismissed with prejudice on the merits and could not be raised again in this action.

Disposition

Under Federal Rule of Civil Procedure 12(h)(3), a court must dismiss an action whenever it determines that it lacks subject-matter jurisdiction. The court ordered that this matter be DISMISSED WITHOUT PREJUDICE for lack of jurisdiction. Judge Susan Richard Nelson did not reach the merits of whether Brifki’s certificate should be corrected.