United States Ninth Circuit
Hussein v. Barrett, 14-16303
In an immigration case, the district court's order denying plaintiff's naturalization application for failure to satisfy his statutory burden to establish good moral character is vacated where the district court: 1) erred in failing to make specific findings that Hussein’s statements under oath to the Sacramento Superior Court regarding his marital status were material and thus perjurious unlawful acts; and 2) abused its discretion in failing to consider all relevant factors when it made its ultimate determination, because a violation of the regulation's catch-all provision 8 C.F.R. section 316.10(b)(3)(iii) is not a per se bar to a good moral character finding.
Appellate Information
- Decided
- Published 2016/04/28
Judges
- BASTIAN
Court
- United States Ninth Circuit