United States Ninth Circuit

In an Afghan citizen's suit challenging the United States Citizenship and Immigration Services' (USCIS) determination finding him ineligible for naturalization due to his felony conviction for assault with intent to commit rape, district court's grant of summary judgment in favor of the USCIS is affirmed where: 1) the government's prior grant of INA section 212(c) relief to the petitioner did not constitute a waiver by the government of 8 U.S.C. section 1101(f)(8)'s permanent bar to naturalization; and 2) the Illegal Immigration Reform and Immigration Responsibility Act's addition of "crime of violence" offenses to the list of aggravated felonies that bar naturalization was not an improper retroactive application of the statute.

Appellate Information

• Decided 12/28/2012
• Published 12/28/2012

Judges

• Trott

Court

• United States Ninth Circuit

Counsel