United States of America v. Sheikh

Filing 20

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

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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, 1 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: (202) 532-4542 E-mail: Aaron.R.Petty@usdoj.gov /s/ Brian Sather BRIAN SATHER Immigration Attorneys, LLP 203 N. LaSalle St. Chicago, IL 60601 Telephone: (312) 661-9100 Facsimile: (312) 661-9021 E-mail: bsather@immattyllp.com Counsel for Plaintiff United States of America Counsel for Defendant Asif Monawwar Sheikh 2

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