Wang

ORDER RE: PLAINTIFF’S MOTION TO STRIKE DEFENDANT’S AFFIRMATIVE DEFENSES

Plaintiff United States of America (“the Government”) filed this action to revoke the naturalization of Defendant Adam Chung-Shiaing Wang (“Defendant”). On December 29, 2004, Defendant filed his Answer, which included three affirmative defenses. The Government has now moved to strike Defendant’s affirmative defenses pursuant to Rule 12(f) of the Federal Rules of Civil Procedure.

First, the Court will briefly review the facts of the underlying matter. Defendant became a naturalized citizen of the United States on May 24, 1995. Complaint at 4. During his application process, Defendant answered “No” to a written question regarding whether he had ever been “arrested, cited, charged, indicted, convicted, fined, or imprisoned” for a crime, excluding traffic violations. Id. at 2. He orally informed an investigator that he had been fined for theft from a video store. Id. at 3. In fact, Defendant was convicted of grand theft in 1992 and sentenced to one year probation and a $250 fine. Id. at 4. In addition, Defendant was arrested for petty theft in 1994 for stealing $300 from his employer and sentenced to 10 days in…