Alocozy v. USCIS, et al, No. 11-16557 (9th Cir. 2012)Annotate this Case
Petitioner, 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.