Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Hussein v. Barrett

United States District Court, N.D. California

May 12, 2014

SAMEH HUSSEIN, Petitioner,
v.
ROBIN BARRETT, et al., Respondents

Page 842

For Sameh Hussein, Plaintiff: Kip Evan Steinberg, Law Office of Kip Evan Steinberg, San Rafael, CA.

For Robin Barrett, San Francisco Field Office Director, United States Citizenship and Immigration Services, Defendants: Regan Hildebrand, LEAD ATTORNEY, U.S. Department of Justice, Office of Immigration Litigation, District Court Section, Washington, DC; Christopher Westley Dempsey, United States Department of Justice, Civil Division, OIL-DCS, Washington, DC.

OPINION

Page 843

JON S. TIGAR, United States District Judge.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

Before the Court is Petitioner Sameh Hussein's petition seeking de novo review of the denial of his application for naturalization filed November 2, 2011, pursuant to 8 U.S.C. § 1421(c). The United States Citizenship and Immigration Services (" USCIS" ) denied Petitioner's application for naturalization on December 9, 2010, for failure to satisfy the Immigration and Naturalization Act's (" INA" ) " good moral character" requirement, based on an allegation of tax fraud. Petitioner's administrative appeal was subsequently denied on the same basis. After Petitioner filed for review of that decision in this Court, USCIS stipulated to withdraw its allegation of tax fraud as a basis for denial of Petitioner's application, but indicated its intent to continue to oppose Petitioner's application for naturalization on the grounds of false testimony given during the application process. The Court held a bench trial on December 2, 2013. Having carefully considered the parties' exhibits, testimony, trial briefs, post-trial briefs, and controlling legal authorities, the Court will deny the petition.

I. LEGAL STANDARDS

District courts are authorized to review denials of applications for naturalization after a hearing before an immigration officer. " Such review shall be de novo, and the court shall make its own findings of fact and conclusions of law and shall, at the request of the petitioner, conduct a hearing de novo on the application." 8 U.S.C. § 1421(c). The district court " does not defer to any of the INS' findings or conclusions." United States v. Hovsepian (" Hovsepian I" ), 359 F.3d 1144, 1162 (9th Cir. 2004).

The applicant bears the burden of establishing each of the statutory requirements for naturalization. 8 C.F.R. § 316.2(b). Among the requirements applicants for naturalization must meet is the requirement that, for the five years preceding the filing of the application, the applicant " has been and still is a person of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the United States." 8 U.S.C. § 1427(a)(3). The INA does not define the term " good moral character." Hovespian I, 359 F.3d at 1166. However, the INA does enumerate nine non-exclusive characteristics that preclude a finding of good moral character, including the giving of " false testimony for the purpose of obtaining any benefits under" the INA. 8 U.S.C. § 1101(f)(6).

Kungys v. United

Page 844

States, 485 U.S. 759, 780, 108 S.Ct. 1537, 99 L.Ed.2d 839 (1988). The bar on false testimony applies to misrepresentations " 'made with the subjective intent of obtaining immigration benefits,' whether or not the misrepresentation is material to the immigration decision." United States v. Hovsepian (" Hovsepian II" ), 422 F.3d 883, 887 (9th Cir. 2005) (quoting Kungys, 485 U.S. at 779). " Whether a person has the subjective ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.