Gill

MEMORANDUM *

Piara Singh Gill (Gill) challenges the district court’s decision to grant the government’s motion to dismiss under Fed. R.Civ.P. 12(b)(1) and 12(b)(6). The district court did not address Gill’s claim challenging the constitutionality of 8 C.F.R. § 208.24 .

1. The district court erred in granting the government’s motion to dismiss for lack of subject matter jurisdiction, under Fed.R.Civ.P. 12(b)(1). Pursuant to 8 U.S.C. § 1421 (c), the district court had jurisdiction to review the denial of Gill’s application for naturalization. See United *572 States v. Hovsepian, 359 F.3d 1144 , 1162 (9th Cir.2004). Although the district court’s review is limited to review of the specific basis of the denial of naturalization, see De Lara Bellajaro v. Schiltgen, 378 F.3d 1042, 1043-44 (9th Cir.2004), as amended, it was error for the district court to conclude that it lacked jurisdiction entirely. See id.

2. The district court dismissed the remainder of Gill’s claims pursuant to Fed. R.Civ.P. 12(b)(6), without specifically resolving Gill’s claim concerning the constitutionality of 8 C.F.R. § 208.24 . In failing to address this argument, the district court erred. The district…