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Argued: January 25, 2010

Before: LEVAL, STRAUB, AND WESLEY, Circuit Judges.

Plaintiff, a native and citizen of Ireland, commenced this action seeking, inter alia, a declaratory judgment that he was entitled to naturalize, as well as a grant of naturalized citizenship following the denial of his application by the United States Citizenship and Immigration Services (“CIS”). Plaintiff contends that the CIS improperly denied his application because his absence from the country for over fourteen months — from September 16, 2004 to November 23, 2005 — does not, as the CIS contends, disqualify him from naturalized citizenship under 8 U.S.C. § 1427. The United States District Court for the Southern District of New York (Berman, J.) denied Plaintiff’s motion for summary judgment and granted the Defendants’ cross-motion for summary judgment, thereby affirming the decision of the CIS. Gildernew v. Quarantillo, No. 05 Civ. 10851(RMB), 2008 WL 4938289 (S.D.N.Y. Oct. 29, 2008). Plaintiff now appeals from that ruling.

 
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