Bijan v. U.S. Citizenship & Immigration Servs.

900 F.3d 942
CourtCourt of Appeals for the Seventh Circuit
DecidedAugust 20, 2018
DocketNo. 17-3545
StatusPublished
Cited by11 cases

This text of 900 F.3d 942 (Bijan v. U.S. Citizenship & Immigration Servs.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bijan v. U.S. Citizenship & Immigration Servs., 900 F.3d 942 (7th Cir. 2018).

Opinion

Wood, Chief Judge.

Five years after entering the United States, ostensibly as the unmarried son of a lawful permanent resident, Laith Bijan applied to become a naturalized citizen. United States Citizenship and Immigration Services (USCIS) denied his application, concluding that Bijan actually had been married when he entered the country and had thus misrepresented his eligibility for lawful permanent residence and citizenship. Bijan sought judicial review of that decision. Reviewing USCIS's decision de novo , the district court concluded that Bijan had misrepresented his marital status and lied under oath during a naturalization interview when he denied giving "false or misleading information" while applying for an immigration benefit. We affirm on the *944alternate ground that Bijan previously had given the agency false information when he failed to disclose on his visa application that he had two children and later lied about that omission.

Claiming that he was the unmarried son of a lawful permanent resident, Bijan (a citizen of Iraq) entered the United States in 2004. His authorization for doing so dated back to 1991, when his mother, already a lawful permanent resident, filed an I-130 petition ("Petition for Alien Relative") on his behalf. On the petition, she identified Bijan as unmarried. Twelve years later, in 2003, after fleeing Iraq for Jordan with his two children and their mother, Bijan sought to enter the United States based on his mother's previously approved petition. On his visa application, consistent with his mother's petition, Bijan stated that he was unmarried and had no children. He was granted lawful permanent residence and entered the United States in January 2004.

Bijan and the mother of his children, Nahrain Shaoul, remained apart for several years. In 2006 Bijan traveled to Jordan, where Shaoul still lived, and, according to Bijan, the couple were married. Upon returning to the United States that same year, Bijan filed I-130 petitions for his children. USCIS denied these applications because Bijan had made conflicting statements in communications with the agency and had not previously identified his children on his 2003 visa application. (The children were born in 1997 and 1999.)

In 2009 Bijan applied for naturalization. USCIS interviewed Bijan and denied his application, concluding that there was evidence he had been married when he entered the U.S. in 2004 under a status for unmarried sons or daughters of lawful permanent residents. The agency also noted that Bijan had omitted from his 2003 visa application the fact that he had children.

Bijan requested a hearing and was interviewed again in November 2012, under oath. During that interview, he testified that he had never "given false or misleading information to any U.S. government official while applying for any immigration benefit[.]" USCIS denied his application a second time. The agency determined again that there was evidence suggesting that Bijan had married Shaoul before he became a lawful permanent resident in January 2004, and therefore he had not established that he was eligible for naturalization. And the agency reiterated that Bijan had falsely omitted his children from his 2003 visa application.

Bijan then petitioned the district court under 8 U.S.C. § 1421(c) for relief from the denial of his application for naturalization. He focused primarily on whether he had been married in 2004 when he became a permanent resident. He submitted a marriage certificate showing that he did not marry Shaoul until 2006, and a church certificate showing that he had not been "bound to any previous engagement or marriage" as of October 2003. USCIS responded by submitting a set of marriage records from a church in Baghdad, Iraq. These records were accompanied by the affidavit of the church's bishop, who explained that the records reflected the marriage of "Laith William Murad" and "Nahrain Boutros Shaoul" on September 21, 1996. Bijan countered that these records conflicted with another certificate, signed by the same bishop, that gave a marriage date of "1990" for "Laith W. Bijan" and "Nahrain P. Shaoul."

The court granted summary judgment for USCIS. It found no tenable dispute of fact about Bijan's marital status at the time he entered the United States in 2004 as an "unmarried son" of a permanent resident: the court thought it clear that he was already married at that point and that *945he had not been truthful about this fact during his naturalization interviews. Bijan had lied further during those interviews, the court added, when he denied giving false information to immigration officials: he had given false information when, among other things, he had omitted from his 2003 visa application the fact that he had two children. The court thus found that Bijan was ineligible for naturalization for two reasons: first, he had not been lawfully admitted for permanent residence as an "unmarried son" of a lawful permanent resident, see 8 U.S.C. § 1427(a)(1) ; 8 C.F.R. § 316.2(a)(2) ; and second, he had lied under oath and thus not shown "good moral character," see 8 U.S.C. § 1427(a)(3) ; 8 C.F.R. §§ 316.2(a)(7), 316.10(b)(2)(vi).

On appeal Bijan argues that genuine issues of fact exist regarding his marital status when he became a lawful permanent resident in 2004 and the truthfulness of the information that he gave the government. He is entitled to pursue these arguments because "Congress specifically calls for de novo review in naturalization cases." O'Sullivan v. USCIS , 453 F.3d 809, 811-12 (7th Cir.2006). They are thus not subject to the rules governing typical immigration cases, in which we are bound by an immigration judge's factual and credibility determinations. Further, although it is Bijan's burden to establish eligibility for naturalization, see Berenyi v. Dist. Dir., INS , 385 U.S. 630, 636-37, 87 S.Ct. 666

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Bluebook (online)
900 F.3d 942, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bijan-v-us-citizenship-immigration-servs-ca7-2018.