United States v. Akram Yassin

MEMORANDUM

Akram Yassin appeals pro se from the district court’s orders denying his motion to vacate summary judgment in the government’s action to revoke his United States citizenship under 8 U.S.C. § 1451 (a), and granting the government’s motion to enforce the judgment. We have jurisdiction under 28 U.S.C. § 1291 . We review for an abuse of discretion. Casey v. Albertson’s Inc., 362 F.3d 1254, 1257 (9th Cir.2004). We affirm.

The district court did not abuse its discretion in denying Yassin’s motion to vacate summary judgment and granting the government’s motion to enforce the judgment, because Yassin failed to establish that the judgment was obtained through fraud, and did not explain why he could not have discovered this alleged fraud pri- or to the judgment. See Fed.R.Civ.P. 60(b)(3); Casey, 362 F.3d at 1260 (to prevail on a Rule 60(b)(3) motion the moving party must prove that the judgment was obtained through fraud, and that the fraud was not discoverable by due diligence before or during proceedings); see also Cal. Dep’t of Social Services v. Leavitt, 523 F.3d 1025, 1031 (9th Cir.2008) (reviewing for an abuse of discretion the denial of a motion to enforce a…