TONY WEST Assistant Attorney General J. MAX WEINTRAUB Senior Litigation Counsel KIRSTEN L. DAEUBLER Trial Attorney United States Department of Justice Civil Division Office of Immigration Litigation District Court Section P.O. Box 868, Ben Franklin Station Washington, DC 20044 Tel: (202) 616-4458 E-mail: Kirsten.Daeubler@usdoj.gov Attorneys for Plaintiff United States of America
AMENDED COMPLAINT TO REVOKE NATURALIZATION
I. JURISDICTION AND VENUE
1. This is an action under 8 U.S.C. § 1451(a) to revoke and set aside the order admitting Defendant Safee Ayub Salama ("Salama") to United States citizenship and to cancel his certificate of naturalization.
2. Attached as "Exhibit A" is the amended affidavit of Kurt E. Blackwelder, a Special Agent with United States Immigration and Customs Enforcement, of the United States Department of Homeland Security ("DHS"), showing good cause for this action.
3. Plaintiff is the United States of America, and this Court has jurisdiction pursuant to 28 U.S.C. § 1345 and 8 U.S.C. § 1451(a).
No. 1:11!CV!00145-OWW-MJS Amended Complaint to Revoke Naturalization
4. Salama is a naturalized United States citizen whose last known residence is in Selma, California; therefore, venue is proper in this district under 8 U.S.C. § 1451(a).
A. Admission to the United States as a Permanent Resident
5. Salama was born in Israel, and he entered the United States on November 4, 1985, as a non-immigrant visitor.
6. Before he entered the United States, Salama was married to Khitam Salim El-Mimi ("Khitam") in Israel. Salama provided the INS with evidence of their divorce, which occurred on December 11, 1985.
7. On February 4, 1986, Salama married Renee Keys ("Renee"), a United States citizen.
8. On April 23, 1986, Renee filed a Form I-130 Petition for Alien Relative with the United States Immigration and Naturalization Service ("INS"),*fn1 / seeking a spousal visa for Salama. The INS approved Renee's Form I-130 on April 29, 1986.
9. Concurrent with Renee's filing of the Form I-130, on April 23, 1986, Salama filed a Form I-485 Application for Status as a Permanent Resident with the Fresno, California office of the INS.
10. On November 4, 1987, the INS adjusted Salama's application to CR-6, making Salama a conditional resident.
11. On or around January 1990, Salama and Renee filed a Form I-751 Joint Petition to Remove the Conditional Basis of Alien's Permanent Resident Status based on their continuing marriage. The INS approved the Form I-751 on January 12, 1990, removing the conditional basis and making Salama a lawful permanent resident.
12. On February 18, 1995, Salama filed a Form N-400 Application for Naturalization with the Fresno, California office of the INS.
13. Salama's Form N-400 sought United States citizenship based upon his eligibility as a lawful permanent resident for at least five years, pursuant to 8 U.S.C. § 1427.
14. Part 7, Question 15(a) of the Form N-400 asks, "Have you ever . . . knowingly committed any crime for which you have not been arrested?"
15. In response to Part 7, Question 15(a), Salama checked the box next to "No." 16. Part 7, Question 15(b) of the Form N-400 asks, "Have you ever: . . . been arrested, cited, charged, indicted, convicted, fined or imprisoned for breaking or violating any law or ordinance excluding traffic regulations?"
17. In response to Part 7, Question 15(b), Salama checked the box next to "Yes." Next to the "Yes" box, Salama noted, by hand, his 1988 arrest and his "no contest" plea for arson.
18. On January 20, 1995, Salama signed his Form N-400 under penalty of perjury, thereby swearing or affirming that the contents of the Form N-400 were true and correct.
19. On February 12, 1996, William Quigley ("Officer Quigley"), who was then a District Adjudications Officer with the INS, interviewed Salama under oath regarding his Form N-400.
20. At the February 12, 1996 interview, Officer Quigley placed Salama under oath and asked him whether he had ever been arrested by police.
21. At the February 12, 1996 interview, Salama disclosed that, in 1993, he was arrested and convicted in Arizona for selling merchandise without a license and that he paid a fine and received probation for this crime.
22. Salama also stated during the February 12, 1996 interview that he had been convicted of arson, but that the conviction was later expunged.
23. At the conclusion of the February 12, 1996 interview, Salama signed a sworn statement affirming that the contents of his corrected Form N-400 (which now contained this new information regarding his prior arrests and convictions) were true and correct.
24. On February 12, 1996, the INS continued Salama's Form N-400 to conduct a reexamination on history and government and to permit Salama to submit documents relating to his 1993 arrest and conviction in Arizona.
25. On June 6, 1996, a different INS District Adjudications Officer, John Sturdivant ("Officer Sturdivant"), conducted a second naturalization interview.
26. At the June 6, 1996 interview, Officer Sturdivant placed Salama under oath and asked him whether he had been arrested, stopped by the police, fingerprinted, or appeared in court since his first interview.
27. Salama responded at the June 6, 1996 interview that he had not been arrested, stopped by the police, or appeared in court since his first interview.
28. On June 6, 1996, the INS approved Salama's Form N-400 based on his written application and his testimony during both of his naturalization interviews.
29. The INS mailed Salama a Form N-445 Notice of Naturalization Oath Ceremony, informing him that he was to appear for his naturalization hearing on August 5, 1996.
30. Question 3 on the reverse side of that Form N-445 asked, since the date of the initial naturalization interview, "Have you knowingly committed any crime or offense, for which you have not been arrested; or have you been arrested, cited, charged, indicted, convicted, fined, or imprisoned for breaking or violating any law or ordinance, including traffic violations?"
31. In response to Question 3, Salama checked the box next to "No."
32. On July 10, 1996, Salama signed the reverse side of the Form N-445, certifying that his answers to the questions contained therein were true and correct.
33. On August 5, 1996, Salama attended a naturalization ceremony in the United States District Court for the Eastern District of California in Fresno, California. At the ceremony, Salama presented his completed and certified Form N-445 to the INS, took the oath of ...