22-101-cv Rahman v. Dir. Ur Mendoza Jaddou et al. UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT’S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION “SUMMARY ORDER”). A PARTY CITING TO A SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL. At a stated term of the United States Court of Appeals for the Second Circuit, held at the Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New York, on the 11th day of October, two thousand twenty-two. PRESENT: GUIDO CALABRESI, BETH ROBINSON, Circuit Judges. PAUL ENGELMAYER, 1 District Judge. _________________________________________ KAZI ASHIKUR RAHMAN, Plaintiff-Appellant, v. No. 22-101 DIRECTOR UR MENDOZA JADDOU, DISTRICT DIRECTOR THOMAS CIOPPA, MERRICK B. GARLAND, UNITED STATES ATTORNEY GENERAL, 1 Judge Paul A. Engelmayer of the United States District Court for the Southern District of New York, sitting by designation. Defendants-Appellees. _________________________________________ FOR APPELLANT: Naresh M. Gehi (Gehi & Associates, P.C., Jackson Heights, NY) FOR APPELLEE: Varuni Nelson, Assistant United States Attorney (Layaliza Soloveichik, Assistant United States Attorney, on the brief) for Breon Peace (United States Attorney for the Eastern District of New York, Brooklyn, NY) Appeal from a judgment of the United States District Court for the Eastern District of New York (Cogan, J.). UPON DUE CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the order appealed from entered on January 5, 2022, is AFFIRMED. Kazi Ashikur Rahman (“Rahman”), appeals from the judgment of the District Court (Cogan, J.), dismissing his petition for mandamus and complaint for declaratory judgment against Director Ur Mendoza Jaddou, District Director Thomas Cioppa, and United States Attorney General Merrick B. Garland as defendants (collectively “Defendants”). 2 Rahman’s petition alleges the following. He was born on July 11, 1991, in Dhaka, Bangladesh. Due to a typographical error the Bangladesh Register of Birth recorded Rahman’s date of birth as January 1, 1991. Rahman was two years old at the time his family left Bangladesh, and he grew up in the United States celebrating his birthday on July 11th—unaware of the incorrect birthdate appearing on his Bangladeshi birth certificate. In October 2011, when Rahman was twenty, he signed his Certificate of Naturalization and took the oath of allegiance, becoming a naturalized United States citizen. Rahman signed his Certificate of Naturalization without reviewing it for accuracy. Only when Rahman tried to get a drivers’ license did he realize the incorrect birthdate of January 1st was listed on his Certificate of Naturalization. In 2016, Rahman obtained a corrected birth certificate—which listed his birthdate as July 11th—from the Bangladesh Register of Birth. Rahman then submitted an “N-565” application to the United States Citizenship …
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