F I L E D United States Court of Appeals Tenth Circuit UNITED STATES COURT OF APPEALS FEB 2 2001 FOR THE TENTH CIRCUIT _______________________________ PATRICK FISHER Clerk
GUSTAVO GALVEZ-LETONA,
Petitioner-Appellee, No. 99-4195 v. (D. Utah) WAYNE KIRKPATRICK, Acting Officer in Charge, JOSEPH GREENE, District (D.C. No. 99-CV-83-K) Director, Immigration & Naturalization Service, JANET RENO, United States Attorney General,
Respondents-Appellants, ________________________
AMERICAN IMMIGRATION LAWYERS ASSOCIATION; NATIONAL ASSOCIATION OF PROTECTION & ADVOCACY SYSTEMS; DISABILITY LAW CENTER; THE ARC OF THE UNITED STATES; THE ARC OF UTAH; THE ARC OF ALLEGHENY; THE ARC OF MONTGOMERY COUNTY, PENNSYLVANIA; AMERICAN ASSOCIATION ON MENTAL RETARDATION; BAZELON CENTER FOR MENTAL HEALTH LAW; DISABILITY RIGHTS EDUCATION & DEFENSE FUND; DISABILITY RIGHTS COUNCIL OF GREATER WASHINGTON; NATIONAL SENIOR CITIZENS LAW CENTER; NEW YORK LAWYERS FOR THE PUBLIC INTEREST; ACCESS LIVING OF METROPOLITIAN CHICAGO; PENNSYLVANIA COALITION OF CITIZENS WITH DISABILITIES; PENNSYLVANIA COUNCIL ON INDEPENDENT LIVING; PENNSYLVANIA STATEWIDE INDEPENDENT LIVING COUNCIL; PUBLIC INTEREST LAW CENTER OF PHILADELPHIA; NORTHEAST PENNSYLVANIA CENTER FOR INDEPENDENT LIVING; VISION FOR EQUALITY; AMERICAN JEWISH CONGRESS; CATHOLIC CHARITIES USA; UNITED JEWISH COMMUNITIES; LUTHERAN IMMIGRATION & REFUGEE SERVICE; MEXICAN AMERICAN LEGAL DEFENSE AND EDUCATION FUND; ASIAN AMERICAN LEGAL DEFENSE AND EDUCATION FUND; FRIENDS COMMITTEE ON NATIONAL LEGISLATION; IMMIGRANT LEGAL RESOURCE CENTER; IMMIGRATION AND REFUGEE SERVICES OF AMERICA; NATIONAL ASIAN PACIFIC AMERICAN LEGAL CONSORTIUM; NATIONAL CENTER ON POVERTY LAW; NATIONAL IMMIGRATION LAW CENTER; NATIONAL COUNCIL OF LA RAZA; ASIAN PACIFIC AMERICAN LEGAL CENTER OF SOUTHERN CALIFORNIA; FUND FOR IMMIGRANTS AND REFUGEES; CAPITAL AREA IMMIGRANTS' RIGHTS COALITION; FLORIDA JUSTICE INSTITUTE; FLORIDA IMMIGRANT ADVOCACY CENTER; FLORIDA LEGAL SERVICES; UTAH MINORITY BAR ASSOCIATION;
HEARTLAND ALLIANCE FOR HUMAN NEEDS AND HUMAN RIGHTS; HEBREW IMMIGRANT AID SOCIETY AND COUNCIL MIGRATION SERVICE OF PHILADELPHIA; ILLINOIS COALITION FOR IMMIGRANT AND REFUGEE RIGHTS; INTERNATIONAL INSTITUTE OF LOS ANGELES; INTERNATIONAL INSTITUTE OF THE EAST BAY; COUNCIL OF SENIOR CENTERS AND SERVICES OF NEW YORK CITY; LEGAL ASSISTANCE FOR SENIORS; NEW YORK IMMIGRATION COALITION; NORTHWEST IMMIGRANT RIGHTS PROJECT; SOUTHEAST REGIONAL IMMIGRATION AND CITIZENSHIP COALITION; ALBUQUERQUE BORDER CITY PROJECT; AMERICAN ASSOCIATION OF JEWS FROM THE FORMER USSR; AMERICAN NETWORK OF COMMUNITY OPTIONS AND RESOURCES; ASIAN COMMUNITY AND CULTURAL CENTER; ASIAN LAW ALLIANCE; ASIAN PACIFIC DEVELOPMENT CENTER; CABRINI IMMIGRANT SERVICES; CARIBBEAN WOMEN'S HEALTH ASSOCIATION; CATHOLIC CHARITIES COMMUNITY AND IMMIGRANT SERVICES; LINCOLN INTERFAITH COUNCIL; CLARE'S WELL; LUTHERAN SOCIAL SERVICES OF MINNESOTA; MASSACHUSETTS IMMIGRANT AND REFUGEE ADVOCACY COALITION; MONTAGNARD/DEGA ASSOCIATION; KOREAN AMERICAN
COALITION; NATIONAL EVANGELICAL SLAVIC ASSOCIATION; NATIONAL FEDERATION OF FILIPINO AMERICAN ASSOCIATIONS; OFICINA LEGAL/IMMIGRANT LAW CENTER; SISTERS OF ST. JOSEPH OF ORANGE; UTICA CITIZENS IN ACTION; VERMONT REFUGEE RESETTLEMENT PROGRAM,
Amici Curiae. _______________________________
ORDER AND JUDGMENT* _______________________________
Before MURPHY and ANDERSON, Circuit Judges, and KANE, District Judge.** _______________________________
Respondents-Appellants Wayne Kirkpatrick, Joseph Greene and Janet Reno
(collectively the Immigration and Naturalization Service ("INS")) seek reversal of the
district court order granting the application for naturalization of Petitioner-Appellee
Gustavo Galvez-Letona ("Galvez") and ordering the INS to naturalize him forthwith.
The INS had denied Galvez's application for citizenship because he could not
demonstrate that he was attached to the principles of the Constitution, understood