Wednesday, November 13, 2013

United States v. Puerta case brief

United States v. Puerta case brief summary
982 F.2d 1297 (1992)

Defendant appealed the order by the United States District Court for the Central District of California ruling for the INS, which had revoked naturalization based on unlawful procurement of citizenship 18 U.S.C.S. § 1425

Defendant, who was born in Spain, entered the United States on a student visa and was later admitted as a permanent resident. Subsequently, he was sentenced to two months in prison for unlawful procurement of citizenship under 8 U.S.C.S. § 1425, he was fined, and his certificate of naturalization was voided pursuant to 8 U.S.C.S, § 1451(f). He appealed.


  • The court reversed for lack of evidence. 
  • The district court had found that defendant had made two false statements to the INS. 
  • The government, however, had acknowledged at oral argument that the record did not establish statutory ineligible for naturalization. 
  • There was no evidence that defendant had a criminal record under various aliases or that he had been absent from the United States for an excessive period of time. 
  • The court concluded that the district court's judgment of guilt relied primarily on a determination that defendant lacked good moral character, which was insufficient under the statutory scheme. 
  • As there was no authenticated record of criminal conduct, the court did not address defendant's other claims of error. 
  • It reversed and remanded with instructions to enter a judgment of acquittal.

Judgment was reversed due to insufficient evidence of criminal conduct constituting unlawful procurement of naturalization by defendant.

Suggested Study Aids and Books

No comments:

Post a Comment

The Evolution of Legal Marketing: From Billboards to Digital Leads Over the last couple of decades, the face of legal marketing has changed a l...