Petition of Tabilos

ORDER

I.

This matter came before the court on December 6, 1985 on (1) the Immigration and Naturalization Service's (“INS”) motion to reopen the judgment of naturalization, pursuant to section 340(j) of the Immigration and Nationality Act of 1952, (“the Act”), 8 U.S.C. section 1451 (j), and Federal Rule of Civil Procedure 60(b); and (2) Petitioner Mercedita Nepomuceno Tabilos’ motion to dismiss the INS’s motion.

After hearing oral argument by petitioner and the INS, the court indicated its intention to deny petitioner’s motion to dismiss and grant the INS's motion to reopen the case under section 340(j). A minute order was filed on December 9, 1985, and petitioner filed a notice of appeal. Thereafter, on February 5,1986, this court vacated the minute order at the request of the parties in order to give further consideration to the issues raised by these motions.

II.

Petitioner Tabilos became a United States citizen by a judgment of naturalization on October 11, 1984. On October 10, 1985, the District Director of the INS moved, under section 340(j) of the Act and Fed.R.Civ.P. 60(b) to have petitioner’s naturalization judgment reopened and held in abeyance pending further…