Hang Thuy Nguyen v. United States Citizenship & Immigration Services
2017 U.S. App. LEXIS 2358
| 5th Cir. | 2017Background
- Nguyen, a lawful permanent resident, was convicted in Louisiana (2004) of conspiracy to commit false or altered lottery tickets and received a suspended sentence and two years’ probation.
- After completing probation she received Louisiana’s automatic first-offender pardon (statutory, automatic upon completion of sentence).
- She applied for U.S. naturalization; USCIS denied her application because her conviction qualified as an "aggravated felony," which permanently bars a finding of good moral character absent a "full and unconditional executive pardon."
- USCIS interpreted Louisiana’s automatic first-offender pardon as not constituting a “full and unconditional executive pardon” under 8 C.F.R. § 316.10(c)(2)(i).
- The district court granted summary judgment upholding the denial; Nguyen appealed arguing the Louisiana first-offender pardon is a full pardon under the regulation.
- The Fifth Circuit affirmed, finding Louisiana treats its gubernatorial pardon and its automatic first-offender pardon differently—only the gubernatorial pardon restores a status of innocence—and USCIS’s interpretation was permissible.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Louisiana’s automatic first-offender pardon counts as a “full and unconditional executive pardon” for immigration naturalization purposes | Nguyen: the statutory automatic pardon is a full pardon and falls within the regulation’s exception | USCIS: the automatic first-offender pardon does not restore status of innocence and therefore is not a full and unconditional executive pardon | The court held the automatic first-offender pardon is not a “full and unconditional executive pardon”; summary judgment affirmed |
Key Cases Cited
- Auer v. Robbins, 519 U.S. 452 (discussed deference to agency interpretations)
- Christopher v. SmithKline Beecham Corp., 132 S. Ct. 2156 (agency interpretation persuasive even without Auer deference)
- State v. Adams, 355 So. 2d 917 (La. 1978) (gubernatorial pardon restores status of innocence; automatic first-offender pardon does not)
- Touchet v. Broussard, 31 So. 3d 986 (La. 2010) (Louisiana Supreme Court maintains distinction between pardon types)
- Sharma v. Taylor, 50 F. Supp. 3d 749 (E.D. Va.) (district-court discussion of USCIS’s interpretation of pardons)