Asrat v. Whitaker et al, No. 1:2018cv01453 - Document 47 (E.D. Va. 2019)

Court Description: MEMORANDUM OPINION. Signed by District Judge T. S. Ellis, III on 08/13/2019. (dvanm, )

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Asrat v. Whitaker et al Doc. 47 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division TAMRAT ASRAT, Plaintiff, V. Case No. l:18-cv-1453 WILLIAM BARR, Attorney General of the United States, et aL, Defendants. MEMORANDUM OPINION Plaintiff, a national and citizen of Ethiopia, brings this action pursuant to 8 U.S.C. ยง 1421(c), challenging the United States Citizenship and Immigration Service's ("USCIS") denial of his naturalization application. Specifically, plaintiff contends the denial was improper because USCIS erroneously concluded that plaintiff was never lawfully admitted for permanent residence in the United States. In response, defendants argue that USCIS was correct to conclude that plaintiff was never lawfully admitted for permanent residence and that plaintiffs application fails for the additional reason that plaintiff cannot establish that he is a person ofgood moral character. At issue in this matter are the parties' cross-motions for summary judgment. The motions have been fully briefed and argued and are thus ripe for disposition. For the reasons that follow, defendants' motion for summary judgment must be granted and plaintiffs motion for summary judgment must be denied. I. Summary judgment is appropriate only where there are no genuine disputes of material fact. Rule 56,Fed. R. Civ. P. Accordingly,the material record facts as to which no genuine dispute exists must first be identified. The following undisputed material facts are derived from the parties' respective lists of undisputed material facts. 1 Dockets.Justia.com

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