Gallegos Garcia v. Tritten et al
Filing
46
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER FOR JUDGMENT (Written Opinion). Petitioner Edgar Osiel Gallegos Garcia's Application for Naturalization shall be GRANTED. Petitioner is awarded costs and fees pursuant to the Equal Access to Justi ce Act, 28 U.S.C. § 2412. Petitioner shall submit an affidavit detailing the attorney's fees and expenses within thirty (30) days of this order shall have fifteen (15) days thereafter to respond to such amounts requested. LET JUDGMENT BE ENTERED ACCORDINGLY. Signed by Judge Nancy E. Brasel on 3/18/2019. (KMW)
UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
EDGAR GALLEGOS GARCIA,
Petitioner,
v.
LESLIE TRITTEN, District Director,
United States Citizenship & Immigration
Services; KIRSTJEN NIELSEN, Secretary
of the Department of Homeland Security;
WILLIAM BARR, United States Attorney
General; L. FRANCIS CISSNA, Acting
Director, United States Citizenship &
Immigration Services; and UNITED
STATES CITIZENSHIP &
IMMIGRATION SERVICES,
Respondents.1
Case No. 17‐CV‐01103 (NEB/DTS)
FINDINGS OF FACT, CONCLUSIONS
OF LAW, AND ORDER OF JUDGMENT
This matter comes before the Court on Edgard Gallegos Garcia’s request for de
novo review of the United States Citizenship and Immigration Services’ denials of his
naturalization application. For the reasons that follow, the Court grants Edgard Gallegos
Garcia’s naturalization application.
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Pursuant to Fed. R. Civ. P. 25(d), the Court orders that the following individuals shall
substitute their predecessors in office on the case caption: Kirstjen Nielsen, Secretary of
the Department of Homeland Security shall replace John F. Kelly; William Barr, United
States Attorney General shall replace Jefferson Sessions; and L. Francis Cissna, Acting
Director, United States Citizenship & Immigration Services shall replace James
McCament.
FINDINGS OF FACT
1. Edgar Gallegos Garcia is a native and citizen of Mexico. (Ex. J–9.)
2. In February 2002, Garcia became a lawful permanent resident of the United States.
(Id.; Garcia Testimony, Trial Transcript (“Tr.”) at 38:11–24.)
3. In or about early 2013, Garcia applied for a police cadet position with the City of
Hopkins. (Ex. J–2.) The Hennepin County Joint Community Police Partnership
funded the cadet position for the purpose of increasing diversity of the police
department. (Ex. J–7.) The minimum qualifications required the candidate to be a
United States citizen or be lawfully residing in the United States with
authorization to work and “capable of becoming a U.S. citizen by the expected
time of appointment to a police officer position.” (Id.)
4. The City of Hopkins completed a background check on Garcia when it considered
his application. (Ex. J–3.) The background check does not mention his immigration
status. (Id.)
5. In May 2013, the City of Hopkins hired Garcia as a police cadet. (Ex. J–5.) Garcia
completed a Form I–9, stating he was a lawful permanent resident and not a
citizen. (Ex. J–2.) He provided the police department with his permanent resident
card. (Id.)
6. After completing the cadet course, the City of Hopkins offered Garcia a peace
officer position, which is a sworn position with standards set by the Minnesota
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Board of Peace Officers Standards and Training (“POST Board”). (Ex. J–4.) Garcia
did not know that the POST Board standards include that a peace officer in
Minnesota must be a United States citizen.
7. The City of Hopkins completed an updated background check on Garcia, which
did not address or verify Garcia’s immigration status. (Ex. J–8.)
8. No one asked Garcia to update his I–9 and the City of Hopkins did not attempt to
confirm Garcia’s immigration status before offering him the peace officer position.
(Johnson Testimony, Tr. at 20:18–25.)
9. Garcia likewise does not recall having a conversation with anyone regarding his
status after completing the Form I–9 and providing a copy of his permanent
residence card. (Garcia Testimony, Tr. at 48:13–15.)
10. When Garcia became a full–time peace officer, his hourly wage increased from
$15.16 per hour to $26.59 per hour. (Compare Ex. J–4 with Ex. J–5.) But to become a
peace officer, Garcia took a reduction in wages from his previous job as a
carpenter, where he earned $35–36 per hour. (Garcia Testimony, Tr. at 56:2–9;
42:11–14.) Garcia was willing to take this cut in pay because of his long‐held dream
of becoming a police officer. (Id. at 56:6–7.)
11. During the relevant period, Brent Johnson was a captain in the police department
and Michael Reynolds was the chief of police. At the time of trial, Brent Johnson
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was the chief of police and Michael Reynolds was retired. (Johnson Testimony, Tr.
at 8:1–6; (Deposition of Reynolds (“Reynolds Dep.”) at 6:9–16.)
12. In August 2014, Garcia had a meeting with former Chief Reynolds. Reynolds
congratulated Garcia on becoming a peace officer, and handed him a form for his
POST Board certification, which was already completed. (Garcia Testimony, Tr. at
52:22–54:1.) Garcia signed it. (Id.; Ex. J–1.)
13. Prior to that meeting, Johnson had completed the POST Board certification form
(except for the signatures). He gave it to Reynolds so Reynolds could sign it and
have Garcia sign it. (Johnson Testimony, Tr. at 22:6–23:5.)
14. Above the signature is an affirmation that Garcia was a citizen of the United States.
(Ex. J–1.)
15. Garcia signed the application without first reading it. (Garcia Testimony, Tr. at
54:6–11; 62:17–23.) He failed to read the form out of excitement from being offered
the job and because he relied on the Chief’s explanation of the form. (Id. at 54:6–
11.) Thus he did not realize he was affirming anything about his immigration
status. (Id. at 62:17–19.)
16. Garcia is not a citizen of the United States. (Id. 38:17–18.)
17. The State of Minnesota requires peace officers to be United States citizens. Minn.
R. 6700.700, subpart 1, A (2008). There is no similar citizenship requirement for
police cadets. (Reynolds Dep. at 10:20–11:5.)
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18. No one at the police department realized there was an issue with Garcia’s
citizenship, and Garcia never looked into the citizenship requirement for
Minnesota police officers. (Reynolds Dep. At 21:1–3; Garcia Testimony, Tr. At
76:13–16.)
19. The POST Board approved Garcia’s application for a peace officer license. (Garcia
Testimony, Tr. at 57:16–18.)
20. Garcia resigned as a peace officer with the City of Hopkins several months later.
(Reynolds Dep. at 29:5–30:6.) Garcia’s separation with the City of Hopkins was
unrelated to his immigration status. (Id. at 53:13–17.)
21. Garcia began looking for another peace officer job and considered one in Texas to
be closer to family. (Garcia Testimony, Tr. at 59:12–14.) He contacted a police
department in Texas, and that department told Garcia he was unable to apply
because he was not a United States citizen. (Id. at 59:15–19.)
22. Immediately thereafter, Garcia began the citizenship process and filed a N–400
naturalization application with the United States Citizenship and Immigration
Services (“USCIS”). On his naturalization application, Garcia denied ever claiming
to be a United States citizen. (Id. at 65:24–66:2; Ex. J–9.) The form asks, “Have you
ever claimed to be a U.S. citizen (in writing or any other way)?” and Garcia
checked “No.” (Ex. J–9.)
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23. Garcia signed the naturalization application, stating under “penalty of perjury
under the laws of the United States of America, that this application, the evidence
submitted with it, are all true and correct.” (Id.)
24. At the time Garcia completed the application, he had no reason to believe his
answers were incorrect. (Garcia Testimony, Tr. at 62:24–63:2.)
25. USCIS interviewed Garcia on August 12, 2015 as part of the process for
adjudicating his naturalization application. (Id. at 63:3–5; Ex. J–9.) At his interview,
Garcia re–affirmed the accuracy of the information submitted on his application,
having no reason to believe that he had claimed he was a citizen in error. (Garcia
Testimony, Tr. at 65:18–66:9.)
26. USCIS denied his application for naturalization on January 26, 2016. [ECF. Nos. 1
(“Petition”) at ¶18, 12 (“Answer”) at ¶18.]
27. Garcia was told he was ineligible for naturalization for having falsified or lied on
his application for a peace officer license (Ex. J–1) and at his interview regarding
his citizenship in order to benefit himself. (Garcia Testimony, Tr. at 66:16–21; Ex.
J–10.)
28. Garcia timely filed a request for a rehearing on a decision in his naturalization
proceedings and USCIS conducted its rehearing on May 2, 2016. (Petition ¶¶19–
20; Answer ¶¶19–20; Ex. J–10.)
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29. Prior to the rehearing, Garcia obtained a copy of his application for peace officer
license and realized that he had incorrectly affirmed being a United States citizen
on the application. (Garcia Testimony, Tr. at 54:25–55:11; 69:8–12.) During his
rehearing interview, Garcia acknowledged the mistake. (Id. at 69:13–15.)
30. USCIS affirmed its denial of Garcia’s naturalization application. (Petition ¶21;
Answer ¶21; Ex. J–10.)
31. Garcia filed this Petition for a de novo review of the denial of his naturalization
application under 8 U.S.C. § 1421(c).
32. There was no incentive for Garcia to lie about being a United States citizen to
obtain the peace officer position. Both Reynolds and Johnson testified that the
peace officer position would likely be held open for Garcia until he became a
naturalized United States citizen. (Reynolds Dep. At 52:10–18; Johnson Testimony,
Tr. at 26:14–15.) Garcia testified credibly that, had he known he was required to be
a citizen, he would have waited to accept the peace officer position until he was
naturalized. (Garcia Testimony, Tr. at 70:5–11.)
33. Garcia was the first successful cadet–to–officer position in the department.
(Johnson Testimony, Tr. at 21:4–5.) The Hopkins Police Department had no system
in place to verify immigration status because it never previously had the situation
of a non–citizen cadet applying for the peace officer position. (Id. at 35:11–13.)
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34. The only time Garcia was affirmatively asked about his immigration status, he
provided the necessary documentation and was truthful.
35. Chief Johnson does not believe any omission or affirmation regarding Garcia’s
citizenship was intentional. (Id. at 35:1–5.) Garcia consistently testified that he was
not aware that he affirmed he was a United States citizen by signing the
application form. (Garcia Testimony, Tr. at 54:6–11; 62:17–19; 69:25–70:2.)
CONCLUSIONS OF LAW
36. When USCIS denies a naturalization application, the applicant may seek judicial
review of the denial under 8 U.S.C. § 1421(c).
37. 8 U.S.C. § 1421(c) permits the district court to conduct a de novo review of USCIS’s
denial of a naturalization application:
A person whose application for naturalization under this
subchapter is denied, after a hearing before an immigration
officer under section 1447(a) of this Title, may seek review of
such denial before the United States district court for the
district in which such person resides in accordance with
chapter 7 of title 5. Such review shall be de novo, and the court
shall make its own findings of fact and conclusions of law and
shall, at the request of the petitioner, conduct a hearing de
novo on the application.
38. The applicant “bear[s] the burden of establishing by a preponderance of the
evidence that he or she meets all the requirements for naturalization.” 8 C.F.R.
§ 316.2(b). Doubts are to be resolved in favor of the United States and against the
claimant. Berenyi v. Dist. Dir., INS 385 U.S. 630, 637 (1967).
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39. Section 1427 provides the basic requirements for naturalization. The only
requirement at issue in this proceeding is § 1472(a), which states:
during all the periods referred to in this subsection has been
and still is a person of good moral character, attached to the
principles of the Constitution of the United States, and well
disposed to the good order and happiness of the United
States.
8 U.S.C. § 1427(a).
40. Whether a naturalization applicant possesses the requisite good moral character is
determined “on a case–by–case basis taking into account the elements enumerated
in this section and the standards of the average citizen in the community of
residence.” 8 C.F.R. § 316.10(a)(2).
41. First, a person does not have good moral character if he “has given false testimony
for the purpose of obtaining any benefits under this chapter.” 8 U.S.C. § 1101(f)(6);
see also 8 C.F.R. § 316.10(b)(2)(vi). False testimony “is limited to oral statements
made under oath.” Kungys v. United States, 485 U.S. 759, 780 (1988).
42. The false testimony provision applies when the applicant “has told even the most
immaterial lies with the subjective intent of obtaining immigration or naturalization
benefits.” Kungys, 485 U.S. at 779–80 (emphasis added). “Accordingly, neither
accidental falsehoods nor willful misrepresentations for reasons other than
obtaining immigration benefits are sufficient to foreclose a finding of good moral
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character.” Jibril v. U.S. Citizenship & Immigration Servs., No. CIV. 06‐600 JNE/JJG,
2008 WL 482353, at *1 (D. Minn. Feb. 19, 2008).
43. The requisite subjective intent is not found when false testimony resulted from
“faulty memory, misinterpretation of a question, or innocent mistake.” United
States v. Hovsepian, 422 F.3d 883, 887–88 (9th Cir. 2005) (en banc).
44. Garcia falsely stated on his N–400 naturalization application that he had never
previously claimed United States citizenship. He admits he incorrectly claimed to
be a United States citizen when he signed the application for a peace officer license.
Therefore, his statement on the N–400 application that he had never claimed to be
a United States citizen was false.
45. Garcia then appeared for an interview with USCIS in August 2015 regarding his
N–400 application. At that time, he confirmed his answer and failed to correct the
application, not knowing the peace officer license application stated he was a
citizen.
46. Later, when Garcia appeared for his rehearing and was again questioned about
whether he had falsely claimed United States citizenship, he acknowledged that
he had discovered his prior answers were incorrect.
47. Garcia’s explanation for his answer on his N–400 application and at the interviews
are credible. Garcia credibly testified that he did not read the application to obtain
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a peace officer license and was unaware he was attesting to being a United States
citizen before he signed the form.
48. Garcia’s credible testimony about his excitement of being offered the peace officer
position and not having prepared the application form himself, bolstered by Chief
Johnson’s testimony, confirms Garcia was not aware of the contents of the peace
officer license application.
49. Moreover, Garcia was truthful about his immigration status when he was initially
recruited as a police cadet. Garcia’s personnel file contained a copy of his
permanent resident card.
50. Both former Chief Reynolds and Chief Johnson confirmed that Garcia did not have
incentive to lie on the peace officer license application because Garcia’s promotion
could have been delayed until he naturalized.
51. Once Garcia’s naturalization application was denied, he obtained a copy of his
peace officer license application and became aware of his false claim. Garcia then
explained his false affirmation at his rehearing, maintaining that he was not aware
of the claim at his initial interview and therefore had not falsely testified.
52. Garcia’s testimony is credible that he was unaware of the false claim until after his
naturalization application was denied, and therefore he did not have the subjective
intent of falsely testifying to obtain naturalization benefits.
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53. Garcia’s isolated, innocent mistake of falsely claiming United States citizenship
does not foreclose a finding of good moral character. Cf. Chaudhry v. Napolitano,
749 F. Supp. 2d 1184, 1195 (E.D. Wash. 2010) (finding “that a disturbing pattern of
deceit for immigration‐related purposes” precluded a finding of good moral
character), affʹd, 542 F. Appʹx 570 (9th Cir. 2013).
54. Because Garcia has demonstrated that false testimony regarding his immigration
status was not given with the purpose to obtain naturalization benefits, the Court
concludes that Garcia is able to meet his burden of establishing the good moral
character required to qualify for naturalization.
55. The relevant statute also contains a “catch‐all” provision, under which a person
can be found “not of good moral character” for conduct not specifically barred by
the statute, including false claims to citizenship. 8 U.S.C. § 1101(f); In re Guadarrama
de Contreras, 24 I. & N Dec. 626 (BIA 2008). The catch‐all provision expressly refers
to aliens who “make[] a false statement or claim of citizenship.” 8 U.S.C. § 1101(f).2
56. The catch–all provision does not mandate a finding of bad moral character for a
person who falsely claims to be a citizen. In re Guadarrama de Contreras, 24 I. & N.
Dec. at 626‐627. Rather, the provision “was designed to foreclose a finding that the
The catch‐all provision provides an exception for aliens who falsely claim to be United
States citizens if they have a natural parent that is a citizen, permanently resided in the
United States before turning 16, and reasonably believed at the time of making the
statement that he was a citizen. 8 U.S.C. § 1101(f). None of these circumstances applies
to Garcia.
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person lacked good moral character” when he falls within one of the exceptions.
Id. at 626.
57. Where a naturalization applicant is not statutorily barred from proving the
requisite good moral character, the finder of fact must compare the applicant to
the “standards of the average citizen in the community of residence” in making
the good moral character determination. 8 C.F.R. § 316.10(a)(2).
58. Garcia did not knowingly affirm United States citizenship on his peace officer
license form. Garcia’s affirmation of citizenship was a mistake that could have
been made by “the average citizen in the community of residence.” 8 C.F.R.
§ 316.10(a)(2). This conclusion is bolstered by the police department’s failure to
verify Garcia’s immigration status or inform him that United States citizenship
was required for the position of peace officer.
59. The Court finds that Garcia meets his burden of showing good moral character.
Garcia’s wife and children are all United States citizens. (Ex. J–9.) He has the noble
dream of working as a police officer. Twice, the City of Hopkins conducted
background checks on Garcia and found him to be suitable for the roles of police
cadet and peace officer. Accordingly, the Court grants the application for
naturalization.
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ORDER OF JUDGMENT
Based on the foregoing, IT IS HEREBY ORDERED THAT:
1. Petitioner Edgar Osiel Gallegos Garcia’s Application for Naturalization
shall be GRANTED;
2. Petitioner is awarded costs and fees pursuant to the Equal Access to Justice
Act, 28 U.S.C. § 2412. Petitioner shall submit an affidavit detailing the
attorney’s fees and expenses within thirty (30) days of this order.
Respondents shall have fifteen (15) days thereafter to respond to such
amounts requested.
LET JUDGMENT BE ENTERED ACCORDINGLY.
Dated: March 18, 2019
BY THE COURT:
s/Nancy E. Brasel
Nancy E. Brasel
United States District Judge
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