Levy v. Davis ( 2003 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS December 10, 2003
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 03-30146
Summary Calendar
ROBERT LEVY,
Plaintiff-Appellant,
versus
CHRISTINE G. DAVIS,
Defendant-Appellee.
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Appeal from the United States District Court
for the Middle District of Louisiana
(02-CV-169)
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Before JOLLY, WIENER, and CLEMENT, Circuit Judges.
PER CURIAM:*
Plaintiff-Appellant Robert Levy appeals the dismissal of his
petition for de novo review of the denial of his application for
naturalization, filed under 8 U.S.C. § 1421(c). That statute
provides that judicial review of the denial of an application for
naturalization is available after a hearing before an immigration
officer. Levy failed to comply with the applicable regulations for
obtaining such a hearing, see 8 C.F.R. §§ 103.2(a)(1), § 336.2(a),
§ 499.1, so the district court was without jurisdiction to review
*
Pursuant to 5TH CIR. R. 47.5, the court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
the denial of his application. See 8 U.S.C. § 336.9(d); see also
Townsend v. U.S. Dep’t of Justice, INS, 799 F.2d 179, 181 (5th Cir.
1986).
The instant appeal is
DISMISSED.
2