United States v. Antonio Medina Puerta

Antonio Medina Puerta appeals his conviction for violation of 18 U.S.C. § 1425 (unlawful procurement of citizenship). We reverse.

I. Facts

Puerta was born in Almería, Spain on January 20, 1956. He entered the United States on a student visa in 1981 and was admitted as a permanent resident in 1984. On February 26, 1990, he filed an applica tion for naturalization. Question 5 asked him to list “[a]ny other names you have used (including maiden).” Puerta left this space blank. Questions 27 and 28 asked him to list any absences from the United States (for less or more than six months, respectively) since the time he entered for permanent residence. He wrote “None” in response to both questions.

On June 4, 1990, Puerta was interviewed by Immigration Examiner Robert Johnson. At trial, Johnson testified that he had no recollection of Puerta’s interview. However, Johnson explained that his standard practice was to require every applicant to swear that the statements made on the application were true, and to review orally with the applicant the answer to each question. Johnson further explained that the slash marks on Puerta’s application were his, undoubtedly made during his interview…