United States v. Ledesma

33 F. Supp. 3d 734, 2012 WL 11615625, 2012 U.S. Dist. LEXIS 190390
CourtDistrict Court, S.D. Texas
DecidedMarch 29, 2012
DocketCase No. 1:10-CV-38
StatusPublished

This text of 33 F. Supp. 3d 734 (United States v. Ledesma) is published on Counsel Stack Legal Research, covering District Court, S.D. Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Ledesma, 33 F. Supp. 3d 734, 2012 WL 11615625, 2012 U.S. Dist. LEXIS 190390 (S.D. Tex. 2012).

Opinion

MEMORANDUM OPINION

ANDREW S. HANEN, District Judge.

Before the Court is Plaintiffs (“Government” or “Plaintiff’) Motion for Summary Judgment. Doc. No. 5 (“Pl.’s Mot. Summ. J.”). Defendant Delfino Ledesma (“Le-desma” or “Defendant”) filed a response to this motion, and later filed an amended response. Doc. No. 10; Doc. No. 21 (“Def.’s Am. Resp.”). Plaintiff timely filed a reply memorandum in support of its motion for summary judgment, and this Court held a hearing in which it heard oral argument concerning this motion. Doc. No. 13 (“Pl.’s Reply”). The Court, after considering the motion, Defendant’s response, and the argument of counsel at the hearing, grants the motion for the reasons set forth below.

1. Factual Summary1

This is a civil case in which the Government seeks to revoke the citizenship of the defendant, Ledesma, pursuant to 8 U.S.C. § 1451(a). Ledesma was born in Mexico in 1954. After traveling to the United States, Ledesma became a lawful permanent resident alien on July 20, 1984. On April 8, 1997, Ledesma filed an application for naturalization, Form N-400, with the then-named United States Immigration and Naturalization Service (“INS”). Of particular importance in this case, Part 7, Question 15(a) of the application for naturalization asked:

15. Have you ever:

a. knowingly committed any crime for which you have not been arrested?

Ledesma wrote a check mark in the box labeled “No” corresponding to this question.

In December of 1997, Ledesma transported marijuana with a tractor-truck from San Benito, Texas to Houston, Texas. The Government attached as exhibits to its motion a sworn statement by Ledesma containing a description of this illegal transaction as well as the criminal judgment arising therefrom.

On September 16, 1998, Officer Rene Moreno of. INS interviewed Ledesma about his application for naturalization. Although he “does not recall the specific date,” Ledesma admits that this interview took place. Ledesma took an oath that he would truthfully answer all questions he was asked during the interview. During the interview, Ledesma reaffirmed his negative answer to Part 7, Question 15(a) of the application for naturalization, swearing that he had never knowingly committed a crime for which he had not been arrested. At the end of the interview, [738]*738Ledesma signed a sworn statement that “the contents of [his application for naturalization] ... were true to the best of [his] knowledge and belief.”

On April 5, 1999, INS approved Ledes-ma’s naturalization application. As a result, on April 22, 1999, Ledesma appeared for a naturalization oath ceremony. At the ceremony, Ledesma signed a certification that after his September 16,1998 interview he had not knowingly committed any crime or offense for which he had not been arrested. Ledesma was then issued a certificate of naturalization.

On February 15, 2000, an indictment was filed against Ledesma in the United States District Court for the Southern District of Texas related to the December, 1997 drug transaction. The criminal indictment against Ledesma charged two counts: (1) conspiracy to possess with intent to distribute more than 100 kilograms of marijuana, and (2) possession with intent to distribute more than 100 kilograms of marijuana. On February 28, 2000, two immigration officers questioned Ledesma about his alleged role in the December, 1997 marijuana transaction, which formed the basis of the indictment. Ledesma then recounted the details of this incident in a sworn statement, which was attached as an exhibit to the Government’s motion and is repeated in large part below. On May 1, 2000, Ledesma pleaded guilty to Count 2 of the indictment. The District Court sentenced Ledesma to 37 months imprisonment.

2. Summary Judgment Standard

Summary judgment is appropriate “if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(a). “The movant bears the burden of identifying those portions of the record it believes demonstrate the absence of a genuine issue of material fact.” Triple Tee Golf, Inc. v. Nike, Inc., 485 F.3d 253, 261 (5th Cir.2007) (citing Celotex Corp. v. Catrett, 477 U.S. 317, 322-25, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986)). Once a movant makes a properly supported motion, the burden shifts to the non-movant to show that summary judgment should not be granted. Celotex, 477 U.S. at 321-25, 106 S.Ct. 2548. The non-moving party must go beyond the pleadings and provide specific facts showing that there is a genuine issue for trial. Celotex, 477 U.S. at 324, 106 S.Ct. 2548; Matsushita Elec. Indus. Co., Ltd. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986). A dispute about a material fact is genuine if “the evidence is such that a reasonable jury could return a verdict for the nonmov-ing party.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986).

There is an “unusually high burden of proof in denaturalization cases.” Kungys v. United States, 485 U.S. 759, 776, 108 S.Ct. 1537, 99 L.Ed.2d 839 (1988). In these proceedings, the Government must prove its claims by “clear, unequivocal, and convincing evidence.” Schneiderman v. United States, 320 U.S. 118, 158, 63 S.Ct. 1333, 87 L.Ed. 1796 (1943). The weight of this burden originates from a recognition that “the right to acquire American citizenship is a precious one and that once citizenship has been acquired, its loss can have severe and unsettling consequences.” Fedorenko v. United States, 449 U.S. 490, 505, 101 S.Ct. 737, 66 L.Ed.2d 686 (1981). Therefore, the Court is particularly mindful that “in ruling on a motion for summary judgment, the judge must view the evidence presented through the prism of the substantive evidentiary burden.” Anderson, 477 U.S. at 254, 106 S.Ct. 2505.

[739]*7393. Discussion

a. Procedural Objections

In his response, instead of addressing the Government’s substantive grounds for denaturalization or providing controverting factual material, Ledesma lodges procedural and evidentiary objections to the Government’s motion for summary judgment. In fact, despite the amount of time allowed for discovery in this case, Ledes-ma did not even include so much as an affidavit opposing the Government’s motion. The Court finds no merit in his evidentiary and procedural objections, which are discussed below.

Ledesma begins by taking issue with the timing of the Court’s consideration of the Government’s motion.

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Cite This Page — Counsel Stack

Bluebook (online)
33 F. Supp. 3d 734, 2012 WL 11615625, 2012 U.S. Dist. LEXIS 190390, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-ledesma-txsd-2012.