in Re: Trevor Benjamin v. Zucca, 351 U.S. 91, 95, 99 1956 . As the U.S. Attorney had not instituted…

NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
NO. 06-3857
________________
IN RE: TREVOR BENJAMIN,
Appellant
____________________________________
On Appeal From the United States District Court
For the Middle District of Pennsylvania
(D.C. Civ. No. 06-MC-00111)
District Judge: Honorable James M. Munley
_______________________________________
Submitted Under Third Circuit LAR 34.1(a)
February 14, 2007
Before: RENDELL, COWEN AND VAN ANTWERPEN, CIRCUIT JUDGES
(Filed February 16, 2007)
OPINION
_______________________
PER CURIAM
Trevor Benjamin appeals from an order of the United States District Court for the
Middle District of Pennsylvania, denying his motion for revocation of naturalization. We
will affirm.
Benjamin, who was born in Phillipsburg, Sint Maarten, Netherlands Antilles, was
originally a Dutch citizen. While in the United States Navy, he was recommended for an

-- 1 of 3 --

2
officer program, which requires United States citizenship. Benjamin applied for
citizenship and was naturalized on October 24, 1994.
In April of last year, Benjamin filed a motion in the District Court, purportedly
pursuant to 8 U.S.C. § 1451(a), claiming that he had procured his naturalization through
willful misrepresentation. Benjamin claims that he never wanted to become a citizen, and
only did so so that he could be a naval officer. He also claims that he did not actually
take the oath of citizenship, as he arrived late to the ceremony, and that on his
naturalization application he concealed the fact that he had been convicted of Grand Theft
Auto in 1985, stating instead that he had a petty larceny conviction. Benjamin argued
that based on his willful misrepresentation, the District Court was obligated to revoke his
naturalization.
The District Court denied the motion, holding that only the United States Attorney
is statutorily empowered to initiate revocation proceedings. We agree. The statute
provides:
It shall be the duty of the United States attorneys for the respective districts,
upon affidavit showing good cause therefor, to institute proceedings in any
district court of the United States in the judicial district in which the
naturalized citizen may reside at the time of bringing suit, for the purpose of
revoking and setting aside the order admitting such person to citizenship
and canceling the certificate of naturalization on the ground that such order
and certificate of naturalization were illegally procured or were procured by
concealment of a material fact or by willful misrepresentation . . . .

-- 2 of 3 --

3
8 U.S.C. § 1451(a) (emphasis added). The Supreme Court has emphasized that the
detailed provisions of the statute set forth an exclusive procedure by which U.S. attorneys,
through production of an affidavit showing good cause therefor, may institute
proceedings revoking naturalization. United States v. Zucca, 351 U.S. 91, 95, 99 (1956).
As the U.S. Attorney had not instituted proceedings against Benjamin, the District Court
lacked jurisdiction to consider the motion.
We will therefore affirm the District Court’s order.

-- 3 of 3 --