Harbhajan Singh Johl, AKA Harbhajan Singh v. United States

Appellant was indicted for conspiracy to obtain an immigation document by fraud and for violation of Title 18, U.S.C. § 1001 (1964), in that he “did willfully and knowingly conceal and cover up by trick, scheme and device a material fact in a matter within the jurisdiction of the Immigration and Naturalization Service * * From judgment of conviction on both counts following jury trial he has taken this appeal.

The principal issue is whether the indictment states an offense. It charges that appellant “filed and caused to be filed documents with [the Immigration and Naturalization Service] to effect a change in his immigration status, then and there concealing from said agency the fact that he had gone through a marriage ceremony solely for the purpose of obtaining status as a permanent resident alien with the understanding that he and his purported spouse would not live together as man and wife.” Appellant contends that the facts allegedly concealed are not material facts under the section since they do not reflect on the validity of the marriage. The Government insists that Lutwak v. United States, 344 U.S. 604 , 73 S.Ct. 481 , 97 L.Ed. 593 (1952), compels a contrary result. We…