Alocozy v. USCIS, et al, No. 11-16557 (9th Cir. 2012)
Annotate this CasePetitioner, a native and citizen of Afghanistan, appealed the district court's denial of his petition for review of a determination by the USCIS that his felony conviction of assault with intent to commit rape rendered him ineligible to become naturalized as a United States citizen. The court held that the district court's grant of summary judgment to the USCIS as a matter of law was justified. Contrary to petitioner's claims, he had not been deprived of due process of law or been the victim of the improper retroactive application of a statute. Although he was barred from naturalization as a citizen, his status as a legal permanent resident remained in full force.
Court Description: Immigration. The panel affirmed the district court’s summary judgment in favor of the United States Citizenship and Immigration Services, in Abdul H. Alocozy’s action challenging the USCIS’ determination finding him ineligible for naturalization due to his felony conviction for assault with intent to commit rape. The panel held that the government’s prior grant of INA § 212(c) relief to Alocozy did not constitute a waiver by the government of 8 U.S.C. § 1101(f)(8)'s permanent bar to naturalization. The panel also held that IIRIRA’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.
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