Hussein v. Barrett

Plaintiff, a citizen of Egypt and a lawful permanent resident of the United States, challenged the district court’s denial of his naturalization application. The court concluded that the district court's failure to make specific findings with respect to the materiality of plaintiff's statements made to the Sacramento Superior Court regarding his marital status prevents the court from reviewing the district court's determination that he committed unlawful acts that adversely reflect upon his moral character. Furthermore, because a violation of 8 C.F.R. 316.10(b)(3)(iii) is not a per se bar, the district court abused its discretion in failing to consider all relevant factors in making its ultimate determination that plaintiff failed to show he is of good moral character. Accordingly, the court vacated and remanded for further proceedings. View "Hussein v. Barrett" on Justia Law