United States of America v. Mejia

Filing 12

ORDER Granting Plaintiff's 5 Motion for Summary Judgment. Signed by Judge Roger T. Benitez on 1/10/2017. (All non-registered users served via U.S. Mail Service)(knb)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,

Case No.: 3:16-cv-00509-BEN-WVG

Plaintiff,

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v.

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ORDER GRANTING PLAINTIFF’S
MOTION FOR SUMMARY
JUDGMENT

JESUS DANIEL MEJIA, a/k/a JESUS
DANIEL MEJIA VELASCO,

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[ECF No. 5]

Defendant.

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The United States of America has filed a Complaint to revoke the United States

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citizenship of Defendant Jesus Daniel Mejia, also known as Jesus Daniel Mejia Velasco,

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for concealing a drug offense during the naturalization process. (Compl., ECF No. 1.)

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Plaintiff now moves for summary judgment. (Mot., ECF No. 5.) Mejia never filed an

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opposition but instead filed a letter with the Court, accepted on discrepancy, stating that

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he “would like to have a chance to fight [his] case against the United States of America.”

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(Ltr., ECF No. 8.) He later filed a motion for appointment of counsel (ECF No. 9), which

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this Court denied (ECF No. 10).
For the reasons that follow, the Court GRANTS Plaintiff’s motion for summary

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judgment.

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BACKGROUND

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Mejia was born in 1978 in Mexico and became a permanent resident of the United

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States in 1993. (Application for Naturalization, Form N-400 (“Form N-400”), Mot. Ex.

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A.) On August 16, 2011, Mejia signed an Application for Naturalization, Form N-400,

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which was filed with the San Diego District Office of the U.S. Citizenship and

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Immigration Services (“USCIS”) shortly thereafter. (Form N-400 at Part 11; Compl. ¶ 9

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& Affidavit of Good Cause ¶ III.)

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On October 25, 2011, the United States Drug Enforcement Administration
(“DEA”) intercepted telephone calls between Mejia and George Casarez, a known

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operator of a narcotics trafficking organization. (DEA Report of Investigation (“DEA

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Report”), Mot. Ex. B.) The intercepted calls indicate that Mejia met with Casarez’s

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subordinates and provided them with a controlled substance. (Id.) The substance was

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later seized. (Id.) Mejia was not arrested at the time. (See id.)

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On December 1, 2011, USCIS Officer Stacey P. Johnson interviewed Mejia

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regarding his naturalization application to determine his eligibility. (Form N-400 at Part

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13.) Mejia swore under penalty of perjury that the contents of the application were true

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and correct. (Id.) During the interview, Officer Johnson made notations on Mejia’s

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application using red pen indicating the questions she reviewed with him during the

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interview. (Form N-400; Compl. Affidavit of Good Cause ¶ IV.B.iv.) Officer Johnson

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asked Mejia whether he had ever committed a crime or offense for which he had not been

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arrested and whether he had ever given false or misleading testimony to any U.S.

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Government official while applying for any immigration benefit. (Form N-400 at Part

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10.) Under oath, Mejia answered “no” to both questions. (Id.) On the basis of Mejia’s

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application and interview, Officer Johnson approved Mejia’s Application for

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Naturalization on December 1, 2011. (Id. at 1.)

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On January 20, 2012, Mejia took the oath of allegiance at a naturalization

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ceremony in Chula Vista, California and was admitted as a citizen of the United States.

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(Certificate of Naturalization, Mot. Ex. C.) He was issued a certificate of naturalization.

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(Id.)

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Subsequently, on July 20, 2012, Mejia was charged in the Superior Court of the

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State of California for the County of Los Angeles with possession for sale of a controlled

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substance (cocaine) in violation of California Health and Safety Code Section 11351, a

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felony, for his actions on October 25, 2011. (Felony Compl. for Arrest Warrant at 2,

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Mot. Ex. E.) On September 17, 2013, Mejia pled guilty to the section 11351 violation

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and admitted that the cocaine exceeded twenty kilograms by weight within the meaning

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of California Health and Safety Code section 11370.4(a). (Electronic Docket, People of

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the State of California v. Jesus Daniel Mejia (“Docket”) at 4, Mot. Ex. D.) The Superior

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Court sentenced Mejia to seven years in County Jail. (Id.)

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On February 26, 2016, the United States filed this action to revoke Mejia’s

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citizenship pursuant to 8 U.S.C. § 1451. The Complaint alleges that Mejia illegally

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procured his United States citizenship because his commission of a crime and false

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testimony precluded the establishment of good moral character, and alleges that he

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concealed and willfully misrepresented material facts during the naturalization process.

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(Compl. Counts I-IV.) The United States now moves for summary judgment on all

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counts.

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LEGAL STANDARD

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Summary judgment is appropriate when “there is no genuine dispute as to any

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material fact and the movant is entitled to judgment as a matter of law.” Fed. R. Civ. P.

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56(a); see also Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247-48 (1986). Material

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facts are those that may affect the outcome of the case. Id. at 248. A genuine issue of

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material fact exists only if “the evidence is such that a reasonable jury could find for the

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nonmoving party.” Id.

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A moving party bears the initial burden of showing there are no genuine issues of
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material fact. Celotex Corp. v. Catrett, 477 U.S. 317, 323 (1986). It can do so by

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negating an essential element of the non-moving party’s case, or by showing that the non-

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moving party failed to make a showing sufficient to establish an element essential to that

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party’s case, and on which the party will bear the burden of proof at trial. Id. Once the

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moving party establishes the absence of genuine issues of material fact, the burden shifts

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to the non-moving party to set forth facts showing that a genuine issue of disputed fact

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remains. Id.

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When ruling on a summary judgment motion, the evidence of the nonmovant is to

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be believed, and all justifiable inferences are to be drawn in his or her favor. Anderson,

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477 U.S. at 255. The Court must not make credibility determinations or weigh evidence.

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Id. Where the non-moving party has failed to oppose the motion, the Court may only

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grant summary judgment if the standard of Rule 56 is satisfied. Henry v. Gill Indus., Inc.,

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983 F.3d 943, 950 (9th Cir. 1993).

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In denaturalization proceedings, the United States carries the “heavy burden” of

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providing “clear, unequivocal, and convincing” evidence that citizenship should be

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revoked. United States v. Dang, 488 F.3d 1135, 1139 (9th Cir. 2007) (quoting Fedorenko

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v. United States, 449 U.S. 490, 505 (1981)). The United States’ evidence supporting

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denaturalization must “not leave the issue in doubt.” Id. (quoting Fedorenko, 449 U.S. at

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505). “Thus, summary judgment for the government in a denaturalization proceeding is

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warranted in narrow circumstances: if, viewing the evidence in the light most favorable to

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the naturalized citizen, there is no genuine issue of material fact as to whether clear,

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unequivocal, and convincing evidence supports denaturalization.” United States v.

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Arango, 670 F.3d 988, 992 (9th Cir. 2012).

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DISCUSSION
The denaturalization statute, 8 U.S.C. § 1451, provides that denaturalization may

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be commenced if the citizen’s naturalization was “illegally procured” or “procured by

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concealment of a material fact or by willful misrepresentation.” § 1451(a). The United

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States contends that both grounds are present here.
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I.

“Illegally Procured” Naturalization
Naturalization is “illegally procured” when the individual has failed to comply

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with all congressionally imposed prerequisites for naturalization before and including the

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time he became a naturalized citizen. Fedorenko, 449 U.S. at 506. Strict compliance

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with all statutory requirements for naturalization is required. Id. Noncompliance with

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any statutory prerequisite renders naturalization “illegally procured.” Id.

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One of the requirements for naturalization is that the applicant must be “a person

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of good moral character” for the five-year period preceding the filing of an Application

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for Naturalization and continuing until the applicant takes the oath of allegiance. 8

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U.S.C. § 1427(a)(3); United States v. Bangalan, No. 13-CV-2570-H, 2014 WL

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12531202, at *3 (S.D. Cal. Oct. 6, 2014). Under 8 U.S.C. § 1101(f)(1) through (8), an

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individual cannot have good moral character if he falls within certain enumerated classes.

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See 8 U.S.C. § 1101(f)(1)-(8). Three provisions are at issue here.

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A. Conviction for Controlled Substance Violation

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An applicant who commits a violation of a controlled substance law during the

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time period in which he or she must show good moral character, and is convicted or

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admits commission of the offense, is statutorily precluded from being found to be a

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person good moral character. 8 U.S.C. § 1101(f)(3); 8 U.S.C. § 1182(a)(2)(A)(i)(II).

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Possession for sale of cocaine in an amount exceeding twenty (20) kilograms by weight is

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a violation of a controlled substance law within the meaning of federal immigration law.

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See 21 U.S.C. §§ 802(6) (defining which drugs constitute controlled substances), 812

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(identifying cocaine as a Schedule II drug).

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Here, Mejia pleaded guilty to possession for sale of cocaine in an amount

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exceeding twenty kilograms, a violation of a controlled substance law, for events

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occurring on October 25, 2011, the time period in which he was required to establish

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good moral character. (See DEA Report; Felony Compl.; Docket.) The United States

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has provided clear, convincing, and unequivocal evidence. There is no genuine issue of

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material fact that Mejia committed a controlled substance violation during the relevant
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time period and that he admitted to and was convicted of the offense. Thus, Mejia could

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not establish he was a person of good moral character and did not meet the requirements

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for naturalization. Accordingly, his naturalization was illegally procured. The Court

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GRANTS Plaintiff’s motion for summary judgment on Count I, illegal procurement of

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citizenship based on violation of a controlled substance law.

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B. False Testimony

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Section 1101(f)(6) bars a finding of good moral character as to any person who,

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during the statutory period, provides false testimony to obtain naturalization. 8 U.S.C. §

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1101(f)(6). “False testimony” is limited to oral statements made under oath with the

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subjective intent to obtain an immigration benefit. Kungys v. United States, 485 U.S.

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759, 780-81 (1988). Accordingly, false oral statements made under oath during the

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interview portion of the naturalization process constitute “false testimony” within the

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meaning of section 1101(f)(6). See United States v. Nunez-Garcia, 262 F. Supp. 2d 1073,

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1083 (C.D. Cal. 2003) (citing Bernal v. INS, 154 F.3d 1020, 1023 (9th Cir. 1998)).

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Testimony does not need to be material to qualify as false testimony. Kungys, 485 U.S.

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at 779; 8 C.F.R. § 316.10(b)(vi).

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The undisputed evidence demonstrates that Mejia provided false oral answers

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under oath to questions asked by USCIS Officer Johnson in his naturalization interview,

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which occurred during the time when he was required to show good moral character.

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Specifically, he denied ever committing a crime for which he had not been arrested,

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despite having committed a controlled substance violation on October 25, 2011 for which

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he had not yet been arrested. (Form N-400 at Part 10; DEA Report; Felony Compl.;

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Docket.) Mejia made this false statement while in pursuit of an immigration benefit.

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Therefore, Mejia provided false testimony within the meaning of section 1101(f)(6) and

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was statutorily precluded from establishing good moral character. Thus, Mejia illegally

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procured his naturalization on this ground as well. The Court GRANTS Plaintiff’s

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motion on Count III, illegal procurement of citizenship based on false testimony.

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C. Catch-all Provision

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Section 1101(f) contains a “catch-all” provision, which provides, “The fact that

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any person is not within any of the foregoing classes shall not preclude a finding that for

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other reasons such person is or was not of good moral character.” 8 U.S.C. § 1101(f).

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Federal regulations provide additional criteria for when a naturalization applicant shall be

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found to lack good moral character. See 8 C.F.R. § 316.10. Relevant here, the

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regulations state:

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Unless the applicant establishes extenuating circumstances, the applicant shall
be found to lack good moral character if, during the statutory period, the
applicant:

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(iii) Committed unlawful acts that adversely reflect upon the applicant’s moral
character, or was convicted or imprisoned for such acts, although the acts do
not fall within the purview of § 316.10(b)(1) or (2).
8 C.F.R. § 316.10(b)(3).
Mejia’s possession of cocaine for sale during the statutory period, an offense for

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which he was later convicted and imprisoned, constitutes an unlawful act that adversely

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reflects on his moral character and bars him from establishing good moral character. It

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does not matter that the arrest and conviction occurred after naturalization. See United

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States v. Teng Jiao Zhou, 815 F.3d 639, 644 (9th Cir. 2016) (citing cases holding that

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naturalized citizens who committed unlawful acts under the “catch-all” provision during

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the statutory period prior to taking the oath of allegiance, but who are arrested and

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convicted after naturalization, can have their citizenship revoked for lack of good moral

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character).

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No extenuating circumstances exist to rebut a finding that Mejia lacked good moral

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character during the statutory period. The extenuating circumstances exception is narrow

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and “focuses on circumstances during statutory period that may ‘palliate or lessen’ an

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offender’s guilt for an offense.” Zhou, 815 F.3d at 644. The only argument that Mejia

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offers comes via the letter that he submitted to the Court. In that letter, he writes:

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I had to plea guilty to charges from 2011 or I would have served 35 years for
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something I didn’t commit. I also have two daughters who are U.S. citizens
and a wife that need me. I know I made a mistake but would like to get a
second chance and prove tha[t] I am not a bad person. I have always worked
and made a good living. I am currently employed and trying to redo my life
and show everyone and this country that I am a trust worthy [sic] person.

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(Ltr. at 2.)

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To the extent that Mejia now denies his role in the offense, the Court rejects that

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argument. Mejia voluntarily pleaded guilty, and the Superior Court accepted the guilty

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plea and sentenced him accordingly. (Docket at 4.) Cf. Zhou, 815 F.3d at 644 (rejecting

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defendant’s attempt to minimize his culpability, finding that “a jury unanimously thought

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otherwise, and that verdict binds this court”). Additionally, Mejia’s contentions that he is

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trying to “redo” his life and that his family needs him are to no avail because the

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extenuating circumstances exception does not allow for a “post-naturalization

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retrospective on the person, his achievements, or the unfortunate effect that

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denaturalization will surely have.” Id. There is nothing in the record concerning any

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mitigating matter during the statutory period. Therefore, there are no extenuating

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circumstances applicable here, and Mejia lacked good moral character upon

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naturalization. Accordingly, the Court GRANTS Plaintiff’s motion on Count II, illegal

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procurement of citizenship by committing an unlawful act that adversely reflected upon

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the applicant’s good moral character.

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II.

Naturalization “Procured by Concealment of a Material Fact or by Willful

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Misrepresentation”

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To revoke naturalization for willful concealment or misrepresentation of a material

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fact under 8 U.S.C. § 1451(a), the government must establish that the naturalized citizen

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misrepresented or concealed some fact, the misrepresentation or concealment was willful,

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the fact was material, and the naturalized citizen procured citizenship as a result of the

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misrepresentation or concealment. Arango, 670 F.3d at 994-95 (citing Kungys, 485 U.S.

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at 767). A misrepresentation or concealment is “willful” if it was “deliberate and

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voluntary.” Id. at 995 (quoting Espinoza-Espinoza v. INS, 554 F.2d 921, 925 (9th Cir.
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1977)). To be material, a misrepresentation must have “a natural tendency to produce the

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conclusion that the applicant was qualified.” Kungys, 485 U.S. at 771-72; United States

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v. Alferahin, 433 F.3d 1148, 1155 (9th Cir. 2006). A misrepresentation or concealment

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has this “tendency” if an honest representation “would predictably have disclosed other

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facts relevant to [the applicant’s] qualifications.” Kungys, 485 U.S. at 774. The

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Government must produce “evidence sufficient to give rise to a fair inference that the

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applicant was statutorily ineligible for naturalization.” Alferahin, 433 F.3d at 1155-56

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(9th Cir. 2006) (quoting United States v. Puerta, 982 F.3d 1297 (9th Cir. 1992)). When

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the government shows that citizenship was “obtained as a result of the application

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process in which the misrepresentations or concealments were made,” naturalization was

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“procured by” the misrepresentation. Kungys, 485 U.S. at 777.

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Here, all four elements are present. First, it is undisputed that Mejia

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misrepresented a fact about his criminal history during his naturalization interview. In

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responding to Officer Johnson’s questions, Mejia falsely stated that he had never

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committed a crime for which he had not been arrested. In fact, Mejia had committed the

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crime of possession of cocaine for sale on October 25, 2011.

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Second, the misrepresentation was willful. The objective evidence shows that

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Mejia knew he was providing a false answer. He had committed the crime only five

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weeks before his interview, and information from the DEA Report indicates that Mejia

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had a history of serving as a narcotics supply source for the Casarez narcotics trafficking

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organization. (Form N-400; DEA Report.) Mejia later admitted his guilt to the crime.

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Third, the misrepresentation was material. By misrepresenting his criminal past,

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his lies had the natural tendency to influence USCIS’s decision that he was qualified.

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Had Mejia disclosed his actual criminal history, he would have been statutorily ineligible

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for naturalization. The United States has presented evidence raising a fair inference that a

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statutory disqualifying fact exists because controlled substance violations preclude

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finding that an applicant has good moral character.

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Fourth, and finally, Mejia procured his citizenship as a result of his material

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misrepresentation. If Mejia had been honest, he would not have been granted citizenship.

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There are no genuine disputes that Mejia obtained his citizenship by concealment

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of a material fact or by willful misrepresentation. The United States has met its heavy

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burden and the Court therefore GRANTS Plaintiff’s motion for summary judgment on

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Count IV, concealment or willful misrepresentation by failing to disclose his criminal

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history.

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CONCLUSION
Viewing the evidence in the light most favorable to Mejia, there are no genuine

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issues of material fact as to whether clear, unequivocal, and convincing evidence supports

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denaturalization. Accordingly, the Court GRANTS the United States’ motion for

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summary judgment on all counts. The Court REVOKES AND SETS ASIDE the grant

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of United States citizenship to Defendant Jesus Daniel Mejia, also known as Jesus Daniel

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Mejia Velasco, and CANCELS his certificate of naturalization. The Court ORDERS

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Defendant to surrender and deliver his certificate of naturalization and other indicia of

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United States citizenship to the Attorney General, including his United States passport.

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IT IS SO ORDERED.
Dated: January 10, 2017

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