Nunez-Garcia
United States v. Nunez-Garcia
Opinion
Opinion
Johnson, J.
ORDER RE MOTION FOR SUMMARY JUDGMENT ON THE GOVERNMENT’S COMPLAINT TO REVOKE NATURALIZATION
The parties have consented, pursuant to 28 U.S.C. § 636 (c), to proceed before United States Magistrate Judge Jeffrey W. Johnson in the instant action and to have the Magistrate Judge conduct any and all further proceedings in this case and order the entry of final judgment.
For the reasons set forth below, the Court grants partial summary judgment on counts two, three, and five of the Complaint to Revoke Naturalization.
I. SUMMARY OF PROCEEDINGS
On May 7, 2001, plaintiff, the United States of America, filed a Complaint to Revoke Naturalization (hereinafter “Complaint”) pursuant to 8 U.S.C. § 1451 (a). The Complaint seeks to revoke and set aside the order admitting defendant Adel-mo Nunez-Garcia to citizenship and to cancel his certificate of naturalization. The Complaint includes as an exhibit, the affidavit of John Miles, Associate General Counsel of the Immigration & Naturalization Service (hereinafter “INS”), showing good cause for the action. (Complaint, Exh. A.)
In five counts, the Complaint alleges that defendant illegally procured United States citizenship and that his…