United States of America v. Sheikh

Filing 20

MOTION by Plaintiff United States of America for judgment (Attachments: # 1 Proposed Consent Decree)(Petty, Aaron)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
Case No. 1:16-cv-10598
v.
Judge Manish S. Shah
ASIF MONAWWAR SHEIKH,
a/k/a ASIF MUNAWAR,
Defendant.

JOINT MOTION FOR CONSENT JUDGMENT OF DENATURALIZATION
The United States of America (“Plaintiff”) and Asif Monawwar Shiekh a/k/a Asif
Munawar (“Defendant”), by and through their respective counsel, jointly move this Court to
enter the attached proposed Consent Judgment of Denaturalization.
To be eligible for naturalization, an applicant must not be under an order of removal or
deportation. 8 U.S.C. § 1429.
Defendant admits that he applied for asylum on or about May 17, 1993; that that
application was not granted, such that Defendant was placed in deportation proceedings; and that
Defendant did not appear in immigration court, and was ordered removed in absentia. See
Complaint, ECF No. 1, ¶¶ 8-14.
Defendant admits that his naturalization was illegally procured because there was an
outstanding order of deportation against him at the time he naturalized, see id.¶¶ 54-57 (“Count
I”).
In light of the foregoing, Defendant, having fully discussed the case with his counsel,
agrees with Plaintiff that denaturalization is proper and to avoid delay, uncertainty,

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inconvenience, and expense of further litigation does not wish to further contest denaturalization.
Accordingly, Plaintiff and Defendant jointly move this Court for an order providing the relief
requested in the attached proposed Consent Judgment.
The Parties also jointly request the Court to set a hearing during the week of May 8,
2017, at which Defendant must demonstrate that he has complied with the Judgment, unless the
United States provides notice prior to the hearing that Defendant has fully complied and the
Judgment is satisfied.
Dated: March 23, 2017

Respectfully submitted,

CHAD A. READLER
Acting Assistant Attorney General
Civil Division
WILLIAM C. PEACHEY
Director
District Court Section
Office of Immigration Litigation
TIMOTHY M. BELSAN
Deputy Chief, National Security
& Affirmative Litigation Unit
District Court Section
Office of Immigration Litigation
/s/ Aaron R. Petty
AARON R. PETTY
Counsel for National Security
District Court Section
Office of Immigration litigation
U.S. Department of Justice
219 S. Dearborn St., 5th Floor
Chicago, IL 60604
Telephone: [phone]
E-mail: [e-mail]

/s/ Brian Sather
BRIAN SATHER
Immigration Attorneys, LLP
203 N. LaSalle St.
Chicago, IL 60601
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]

Counsel for Plaintiff United States of America

Counsel for Defendant Asif Monawwar Sheikh

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