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Immigration – naturalization — revocation

By: WISCONSIN LAW JOURNAL STAFF//December 21, 2011//

Immigration – naturalization — revocation

By: WISCONSIN LAW JOURNAL STAFF//December 21, 2011//

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United States Court of Appeals

Civil

Immigration – naturalization — revocation

Where a naturalized citizen was convicted of controlled substance offenses committed before naturalization, his naturalization was properly revoked.

“Suarez is a member of the class of persons described in section 1182(a)(2)(A) because he was convicted of two controlled substance offenses. He falls within the purview of section 1101(f)(3) as a person statutorily barred from a finding of good moral character because ‘the offense described therein’ was ‘committed during such period’ when one’s good character must be established. In other words, under the language of section 1101(f)(3) that we highlighted above, if the offense was committed during the statutory period when an applicant must possess good moral character, and the applicant is convicted of that offense, the applicant is statutorily barred from a finding of good moral character no matter when the conviction occurs. The highlighted language addresses the very problem that concerned the district court. Applicants who commit crimes that statutorily bar them from a finding of good moral character who manage to evade detection and conviction until after they have been naturalized should not and do not possess an advantage over persons who are convicted before they apply for naturalization.”

Affirmed.

10-3476 U.S. v. Suarez

Appeal from the United States District Court for the Northern District of Illinois, Dow, J., Rovner, J.

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