157 F. Supp. 3d 1
D.D.C.2016Background
- Ampe, Ivory Coast native, obtained LPR status based on marriage to Sy, an LPR, in 1998; she later had two children with another man and did not disclose them on the LPR form or interview.
- At her naturalization application in 2012, Ampe stated divorce from Sy but did not disclose her remarriage to the children’s father, who was in the U.S. illegally; she later disclosed this at the naturalization interview.
- USCIS denied naturalization in 2012 on the theory Ampe was not lawfully admitted for permanent residence due to a willful misrepresentation to obtain LPR status (8 U.S.C. § 1182(a)(6)(C)(i)).
- USCIS reaffirmed the denial in 2013; in 2014 it added a new rationale: lack of good moral character based on alleged misrepresentations and concealment of an illegal alien.
- The government moved for summary judgment; Ampe challenged via petition for judicial review under 8 U.S.C. § 1421(c), with the court treating the motion as summary judgment and proceeding de novo.
- The court found genuine disputes of material fact over fraud/willful misrepresentation, materiality, and good moral character, and denied summary judgment without prejudice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Ampe was lawfully admitted for permanent residence | Ampe contends her LPR status was granted substantively in accordance with immigration laws. | Government contends misrepresentation renders LPR inadmissible, breaking lawful admission. | Disputes remain; summary judgment denied on this issue |
| Whether Ampe made fraud or willful misrepresentation to obtain LPR status | Ampe did not knowingly misrepresent; any omission was not deliberate. | Ampe knowingly misrepresented a material fact to procure admission. | Genuine disputes of material fact; summary judgment denied |
| Whether the misrepresentation was material to the LPR decision | Materiality not established as a matter of law; needs fuller record. | Omission tends to shut off a line of inquiry about bona fides of marriage. | Materiality disputed; summary judgment denied |
| Whether Ampe lacked good moral character for naturalization | Record is inconclusive; extenuating circumstances could apply; hearing warranted. | Significant omissions and conduct show lack of good moral character. | Material facts unresolved; summary judgment denied |
Key Cases Cited
- Walker v. Holder, 589 F.3d 20 (1st Cir. 2009) (inadmissibility may rest on separate provisions absent intent requirement)
- Injeti v. USCIS, 737 F.3d 311 (4th Cir. 2013) (regulatory requirement and perjury notions; force of willfulness debated)
- Arellano-Garcia v. Gonzales, 429 F.3d 1183 (8th Cir. 2005) (substantive grounds for inadmissibility and LPR status discussed)
- Longstaff, 716 F.2d 1439 (5th Cir. 1983) (definition of lawfully admitted requires substantive compliance with immigration laws)
- Monet v. INS, 791 F.2d 752 (9th Cir. 1986) (concealment of prior conviction impacts lawful admission under some circumstances)