781 F. Supp. 2d 888
D. Ariz.2011Background
- This is a de novo review of USCIS's denial of naturalization under 8 U.S.C. § 1421(c).
- Plaintiff Eskandar Khamooshpour, Iranian national and US permanent resident since 1981, sought naturalization.
- In 2001 he was indicted for crimes related to his family money-exchange business; pleaded guilty in 2004 to two counts (Embargo Act violation and failure to report foreign accounts).
- Judgment entered in 2007; probation imposed and later terminated in 2009 for good conduct.
- USCIS denied naturalization in 2009 based on lack of good moral character due to the 2007 conviction.
- Court conducted evidentiary hearing in January 2011 and must determine if the 2007 conviction precludes good moral character during the statutory period (2002-2007).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether 8 C.F.R. § 316.10(b)(3)(iii) precludes good moral character | Khamooshpour argues extenuating circumstances may negate preclusion | Government contends conviction reflects adversely on character and precludes | Conviction precludes good moral character under §316.10(b)(3)(iii) |
| Whether the 2007 conviction constitutes unlawful acts adversely reflecting moral character | Convictions should be limited to moral-turpitude crimes only | Crimes unrelated to moral turpitude can still adversely reflect character under regulation | Yes; unlawful acts within the statutory period can adversely reflect moral character |
| Whether extenuating circumstances could overcome preclusion | Extenuating circumstances could show reduced culpability | Extenuating circumstances must relate to culpability, not consequences | Extenuating circumstances not shown to negate culpability; they do not overcome preclusion |
Key Cases Cited
- Fedorenko v. United States, 449 U.S. 490 (1981) (naturalization requires strict compliance with statute)
- United States v. Ginsberg, 243 U.S. 472 (1917) (eligibility standards for citizenship)
- Berenyi v. Dist. Director, 385 U.S. 630 (1967) (burden on applicant to prove eligibility in every respect)
- United States v. Jean-Baptiste, 395 F.3d 1190 (11th Cir. 2005) (extenuating circumstances analysis for moral character)
- Dang v. U.S. Citizenship & Immigration Servs., 488 F.3d 1135 (9th Cir. 2007) (regulatory framework for good moral character)
- United States v. Lekarczyk, 354 F. Supp. 2d 883 (W.D. Wis. 2005) (example of unlawful acts reflecting character under §316.10(b)(3)(iii))
- Agarwal v. Napolitano, 663 F. Supp. 2d 528 (W.D. Tex. 2009) (broader application of §316.10(b)(3)(iii))