RELIEF - NATURALIZATION
United States v. Hovsepian, 422 F.3d 883 (9th Cir. Sept. 6, 2005) (district court's decision to administer oath of citizenship affirmed where district courts finding that they were persons of good moral character was not clearly erroneous).
http://caselaw.lp.findlaw.com/data2/circs/9th/9950041p.pdf
IMMIGRATION STATUS - NATIONAL OF THE UNITED STATES
United States v. Karaouni, 379 F.3d 1139, 1143 (9th Cir. Aug. 24, 2004) ("All citizens of the United States are nationals, but some nationals, such as persons born in American Samoa and other U.S. territorial possessions, are not citizens. 8 U.S.C. 1408; Perdomo-Padilla v. Ashcroft, 333 F.3d 964, 967-69 (9th Cir.2003). Indeed, the term "national of the United States" is defined as including "a person who, though not a citizen of the United States, owes permanent allegiance to the United States." 8 U.S.C. 1101(a)(22). Thus, a claim to be a U.S.
CITIZENSHIP - NATIONAL OF THE UNITED STATES
Marquez-Almanzar v. INS, __ F.3d __ (2d Cir. Aug. 8, 2005) (voluntarily enlisting in the United States Army, serving for eight years, swearing allegiance to the U.S. Constitution, registering for the Selective Service, and completely immersing ones self in American society is not sufficient to qualify as a "national" of the United States for immigration purposes).
http://caselaw.lp.findlaw.com/data2/circs/2nd/034395p.pdf
RELIEF - NATURALIZATION - GOOD MORAL CHARACTER REQUIREMENT APPLIES TO ACTIVE DUTY WARTIME VETERANS
Lopez v. Henley, ___ F.3d ___, 2005 WL 1625006 (5th Cir. July 12, 2005) (noncitizen was properly deported because his federal conviction for attempting to possess a controlled substance barred him from showing good moral character for purposes of obtaining naturalized United States citizenship, despite the noncitizen's active service in the United States military during the Vietnam War).
UNITED STATES NATIONAL
New form I-9 has a box for US Nationals, apart from box for US citizens.
POST CON RELIEF - HABEAS - MOOTNESS AFTER DEPORTATION - DISQUALIFICATION FROM NATURALIZATION CONSTITUTES CONTINUING DAMAGE SUFFICIENT TO PREVENT MOOTNESS EVEN AFTER DEPORTATION
State v. Aquino, ___ Conn. ___, ___ n.1, 2005 Conn. App. LEXIS 226 (Conn. App. June 7, 2005) (as a likely collateral consequence of the conviction, the noncitizen's ability to petition for naturalization is gravely impaired, so the issue is not moot and subject matter jurisdiction is not a bar to the defendant's present appeal from denial of a motion to withdraw the plea).
CITIZENSHIP - NATURALIZATION - APPLICANTS FOR NATURALIZATION UNDER ACTIVE WARTIME SERVICE PROVISION MUST SHOW GOOD MORAL CHARACTER
Nolan v. Holmes, 334 F.3d 189, 201-202 (2d Cir. 2003) (applicants for naturalization under 8 U.S.C. 1440 must, consistent with the INS's interpretation of the statute, demonstrate good moral character).
GOOD MORAL CHARACTER - AGGRAVATED FELONY BAR APPLIES TO NATURALIZATION APPLICATION FOR ACTIVE MILITARY SERVICE DURING WARTIME
Boatswain v. Gonzales, ___ F.3d ___, 2005 WL 1532319 (2d Cir. June 30, 2005) (aggravated felony bar to showing good moral character under INA 101(f)(8), 8 U.S.C. 1101(f)(8), applies to application for naturalization as a U.S. Citizen under 8 U.S.C. 1440, which relaxes requirements for persons who have served in the U.S. military on active-duty status during wartime), resolving question left open in Nolan v. Holmes, 334 F.3d 189, 203 (2d Cir. 2003). http://caselaw.lp.findlaw.com/data2/circs/2nd/032524p.pdf [PDF File]
IMMIGRATION STATUS - NATIONAL OF THE UNITED STATES
Sebastian-Soler v. U.S. Attorney General, ___ F.3d ___, 2005 WL 1174069 (11th Cir. May 19, 2005) (taking of oath of allegiance before Immigration Officer does not satisfy exception under which oath can be taken before a judge in alternate location; asserted permanent allegiance to United States was insufficient to make him national of United States).
SAFE HAVENS - GENERAL SAFE HAVENS - CONVICTION-BASED GROUNDS OF DEPORTATION
Costello v. INS, 376 U.S. 120 (1964) (person who was convicted of two crimes involving moral turpitude while he was a United States citizen cannot be deported on account of them after he lost his citizenship through denaturalization).