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Kariuki v. Tarango

5th Cir.

February 25, 2013

The appellant sought review of his denied naturalization application. A "hearing de novo" within the meaning of 8 U.S.C. §1421(c) encompasses a Federal Rule of Civil Procedure 56 review on summary judgment. Evidence of the appellant's alleged bad prior conduct was relevant to ruling on his naturalization application, and the appellant needed to rebut it with sufficiently probative evidence of good present conduct to survive summary judgment. The district court's summary judgment is affirmed. 5th U.S. Circuit Court of Appeals, No. 12-10174, 02-21-2013.

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