United States District Court, D. Utah, Central Division
MEMORANDUM DECISION AND ORDER
SAM, SENIOR JUDGE, UNITED STATES DISTRICT COURT.
Singh has filed a Petition for Review of Denial of
Application for Naturalization under 8 U.S.C. §
1421(c). In it he challenges the Department of
Homeland Security United States Citizenship and Immigration
Services' (“USCIS”) denial of his
naturalization application (Form N-400) based on its finding
that he was not lawfully admitted because his birth
certificate and the death certificate of his prior wife in
India, submitted at the time of his admission, were
determined by USCIS to be fraudulent.
Singh requests that the Court remand this matter to USCIS and
order it to process his naturalization application without
regard to whether his admission to permanent residence was
lawful at the time. Alternatively, he request that the Court:
(1) find that he meets the requirements of naturalization,
(2) approve his naturalization, (3) administer the oath,
and/or (4) order Respondents to schedule an oath ceremony
within thirty days, and issue him a naturalization
move to dismiss the Petition for a number of reasons,
including jurisdictional mootness. For the reasons that
follow, Respondents' Motion to Dismiss is granted for
lack of jurisdiction.
Singh is a native and citizen of India. He entered the United
States at El Paso, Texas on May 27, 1996. On March 3, 1997 he
applied for asylum which later was denied because his claims
about persecution in India were found not credible. While in
immigration proceedings, Mr. Singh met and married Diana
Ramirez. They were married on January 22, 2001. On February
28, 2001, Diana Ramirez, a U.S. Citizen, filed an I-130 alien
relative petition with the USCIS on Petitioner's behalf.
Petitioner concurrently filed a Form I-485 application to
register permanent residence or adjust status. The parties
submitted with those filings a death certificate for Mr.
Singh's former spouse in India, Sukhwinder Kaur, to
establish his legal ability to marry his current spouse Diana
Ramirez, and Mr. Singh's Indian birth certificate.
USCIS granted the I-130 petition for alien relative on
December 28, 2005. On February 10, 2006, the immigration
judge in Mr. Singh's immigration proceedings granted his
I-485 application to register permanent residence or adjust
March 1, 2006. fewer than 30 days later, Mr. Singh filed for
divorce. The divorce became final on January 19, 2007. And on
February 25, 2007, Mr. Singh married his third wife, Kiran.
He filed an I-130 petition for alien relative on behalf of
his new wife Kiran, along with a copy of her birth
certificate. In connection with that filing, USCIS renewed
its attempts to authenticate all documentation submitted by
Mr. Singh. In a letter dated July 28, 2008, the Indian
government responded that Mr. Singh's birth certificate
was fraudulent. And on August 11, 2011, USCIS was informed by
the Indian government that the death certificate provided for
Mr. Singh's former spouse also was fraudulent.
USCIS subsequently determined the Mr. Singh had procured his
I-130 petition for alien relative, filed by Diana Ramirez,
through fraud, and that because he was never lawfully
adjusted to permanent resident status due to fraud, he was
statutorily ineligible to naturalize.
October 8, 2015, the USCIS formally denied Mr. Singh's
naturalization application, and reaffirmed its denial on
September 15, 2016.
Singh filed his Petition in this court on January 12, 2017.
And on June 13, 2017, the USCIS placed him in removal
proceedings based on its finding that he procured his
admission through fraud.
of this matter requires an examination of the interplay among
three statutory provisions, 8 U.S.C. §§ 1421(a)
& (c) and 1429. Section 1421(a) confers upon the Attorney
General, now USCIS, the “sole authority” to
naturalize individuals. As previously noted, section 1421(c)
grants the right of judicial review to individuals whose
naturalization applications have been denied after a hearing
before an immigration officer. And ...