Kariuki v. Tarango, et al, No. 12-10174 (5th Cir. 2013)
Annotate this CasePlaintiff appealed the district court's grant of summary judgment to defendants. Plaintiff had petitioned under 8 U.S.C. 1421(c) for review of his denied naturalization application but the district court determined that he could not demonstrate good moral character as a matter of law, a prerequisite of naturalization. The court affirmed and held that a "hearing de novo" within the meaning of section 1421(c) encompassed a Federal Rule of Civil Procedure 56 review on summary judgment; consideration of prior conduct was appropriate where the conduct was relevant to assessing the applicant's moral character or present conduct indicated poor moral character; affidavit evidence of present conduct, without more, could not create a genuine issue of material fact as to moral character where it conflicted with probative evidence of prior conduct; and collateral estoppel applied to an applicant's testimony in naturalization proceedings where that testimony, if credited, attacked an essential premise underlying a prior criminal conviction.
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