784 F. Supp. 2d 538
E.D. Pa.2011Background
- Adegoke is a Nigerian citizen and a lawful U.S. permanent resident who seeks de novo naturalization after a USCIS denial.
- He entered the U.S. on a student visa in 1987 and was arrested in 1989 for immigration fraud, pled guilty to improper entry in 1990, and was deported in 1990.
- After deportation, he illegally re-entered on a B-2 visa in 1991 using a false identity.
- He applied for LPR based on marriage to a U.S. citizen in 1995 and, during a 1996 INS interview, denied prior arrest/deportation and misrepresented his identity.
- INS granted LPR status in 1996 despite the misrepresentations; he later disclosed them in 1999 during a naturalization interview, but voluntarily withdrew the application; he re-applied in 2007 with fuller disclosures and was denied in 2009 on the sole basis of not obtaining LPR lawfully.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether misrepresentation voids LPR status ab initio | Adegoke argues that §1256(a) limits rescission but does not void LPR status | Government contends misrepresentation renders LPR status void ab initio | LPR status void ab initio; ineligible for naturalization |
| Whether §1256(a) can salvage eligibility for naturalization | Cites §1256(a) as security for LPR; could support citizenship | §1256(a) does not apply to restore citizenship eligibility after fraud | Section 1256(a) does not extend to validate naturalization where LPR obtained through fraud |
| Whether misrepresentations pre-date the five-year period affect eligibility | Argues conduct before the statutory period may be relevant | Government may consider only post-period conduct unless reform shows lack of moral character | Misrepresentations render LPR void ab initio; no need to assess outside five-year period |
| Whether the applicant’s prior conduct bars naturalization due to lack of lawful admission | As LPR status is void, cannot be lawfully admitted | Theoretically eligible if LPR status preserved | Not eligible; lack of lawful admission prevents naturalization |
| Whether the government action on good moral character is moot given main defect | N/A | N/A | Court did not reach good-moral-character issue given LPR void ab initio |
Key Cases Cited
- Gallimore v. Attorney General, 619 F.3d 216 (3d Cir.2010) (LPR status void ab initio when obtained by fraud)
- In re Koloamatangi, 23 I. & N. Dec. 548 (B.I.A.2003) (LPR status void ab initio for misrepresentation)
- Fedorenko v. United States, 449 U.S. 490 (U.S. 1981) (strict compliance with naturalization prerequisites)
- Bamidele v. INS, 99 F.3d 557 (3d Cir.1996) (section 1256(a) security rationale; not extending to naturalization)
- Martinez v. Mukasey, 519 F.3d 532 (5th Cir.2008) (definition of lawfully admitted for permanent residence)