United States v. Sheikh Farid

MEMORANDUM

Sheikh Farid appeals the district court’s grant of summary judgment in favor of the United States in an action it brought to revoke Farid’s naturalization under 8 U.S.C. § 1451 . We affirm.

In support of its summary judgment motion, the government introduced evidence that Farid was convicted of forgery in violation of Cal.Penal Code § 470(a) and check fraud in violation of § 476a(a), and that he committed these crimes after January 9, 1991, the date when Farid’s statutory period of good moral character began to run. See 8 U.S.C. § 1427 (a)(3). Farid did not dispute the government’s evidence, but merely argued that the government failed to provide sufficient case law establishing that Farid was convicted of crimes involving moral turpitude.

Because both forgery under § 470(a) and check fraud under § 476a(a) require proof of an intent to defraud, Farid was convicted of crimes involving moral turpitude. See Tall v. Mukasey, 517 F.3d 1115, 1119 (9th Cir.2008). Thus, he was statutorily barred from establishing good moral character, 8 U.S.C. § 1101 (f)(3), which is a statutory prerequisite to naturalization, 8 U.S.C. § 1427 (a). Given that Farid failed to “show[ ] that the…