Filed: Mar. 23, 2017
Latest Update: Mar. 23, 2017
Summary: JOINT MOTION FOR CONSENT JUDGMENT OF DENATURALIZATION MANISH S. SHAH , District Judge . 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
Summary: JOINT MOTION FOR CONSENT JUDGMENT OF DENATURALIZATION MANISH S. SHAH , District Judge . 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 a..
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JOINT MOTION FOR CONSENT JUDGMENT OF DENATURALIZATION
MANISH S. SHAH, District Judge.
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, 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.
[PROPOSED] CONSENT JUDGMENT OF DENATURALIZATION
AND NOW, a Complaint to Revoke Naturalization having been filed by the United States of America ("Plaintiff"), against Defendant Asif Monawwar Sheikh a/k/a Asif Munawar ("Defendant"); Defendant having had counsel file an appearance on his behalf; the parties having filed a joint motion for consent judgment; and Defendant having admitted that he procured his naturalization illegally, it is hereby ordered as follows:
(1) IT IS ORDERED that the Joint Motion for Consent Judgment is GRANTED;
(2) IT IS FURTHER ORDERED that, in accord with the Joint Motion for Consent Judgment, judgment is ENTERED in favor of Plaintiff United States of America and against Defendant Asif Monawwar Sheikh a/k/a Asif Munawar;
(3) The Court FINDS and DECLARES that Defendant procured his United States citizenship illegally;
(4) IT IS FURTHER ORDERED that Defendant's United States citizenship is REVOKED and SET ASIDE;
(5) IT IS FURTHER ORDERED that Certificate of Naturalization No.29219812 issued to Defendant is CANCELED;
(6) As the Defendant's immigration status reverts to that which he held immediately prior to naturalizing, the Court FINDS and DECLARES that as of this date Defendant is again a Lawful Permanent Resident of the United States;
(7) IT IS FURTHER ORDERED that Defendant Asif Monawwar Sheikh a/k/a Asif Munawar is forever RESTRAINED and ENJOINED from claiming any rights, privileges, benefits, or advantages of United States citizenship, unless lawfully naturalized at a later time;
(8) IT IS FURTHER ORDERED that Defendant shall, within ten (10) days of judgment, surrender and deliver by overnight express courier his Certificate of Naturalization No. 29219812, and any other indicia of United States citizenship (e.g., voter registration cards), including copies thereof, in his possession and control, to counsel for Plaintiff, Aaron R. Petty;
(9) IT IS FURTHER ORDERED that Defendant shall immediately make good faith efforts to recover and then surrender in accordance with paragraph (7) any and all copies of the items described in paragraph (7) that he knows or has reason to believe are in the possession of others; and,
(10) IT IS FURTHER ORDERED that the Parties shall appear for a hearing on ____________, at which Defendant must demonstrate that he has complied with this Judgment, unless Plaintiff provides notice prior to the hearing that Defendant has fully complied and this Judgment is satisfied.
