Muhammad Chaudhry v. Janet Napolitano

MEMORANDUM

Plaintiff Muhammad Zahid Chaudhry sought review of the USCIS’s denial of his application for naturalization based on his active-duty service in the United States armed forces. See 8 U.S.C. § 1440 (a). The district court granted summary judgment in favor of the Government, concluding that Chaudhry could not demonstrate the requisite “good moral character,” 8 C.F.R. § 329.2 (d), to be eligible for naturalization because he had given false testimony to obtain immigration benefits, 8 U.S.C. § 1101 (f)(6). Reviewing de novo, we affirm. See, e.g., Nev. Dep’t of Corr. v. Greene, 648 F.3d 1014, 1018 (9th Cir.2011) (“We review de novo the district court’s grant of summary judgment.”).

1. Chaudhry failed to establish a “genuine issue of material fact” regarding whether he gave false statements. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505 , 91 L.Ed.2d 202 (1986). Drawing all inferences in favor of Chaudhry, we conclude that a reasonable factfinder would have insufficient evidence to find that Chaudhry lacked a “subjective intent to deceive.” United States v. Hovsepian, 422 F.3d 883, 887 (9th Cir.2005); see Anderson, 477 U.S. at 249-50, 106 S.Ct. 2505 (“If…