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United States Fourth Circuit


Phan v. Holder, 10-1794

In a case in which USCIS denied an application for naturalization on the grounds that the applicant could not show good moral character because he was convicted of an aggravated felony, the district court's grant of summary judgment is affirmed, where: 1) on its face, the appellant's conviction satisfied the statutory requirements for a "conviction" of an aggravated felony; 2) although a court set aside the conviction, it acted pursuant to rehabilitative goals, which do not control the use of the conviction in the immigration context.

Appellate Information

  • Decided 02/01/2012
  • Published 02/01/2012

Judges

  • Diaz

Court

  • United States Fourth Circuit

Counsel

  • For Appellant:
  • Daniel K. Dorsey, Monika L. Moore

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