United States v. Thi Marilyn Dang

ORDER

Appellee’s motion for publication is granted. The memorandum disposition, filed January 31, 2007, is withdrawn. A published opinion will be filed concomitantly with this order.

Appellant’s Petition for Panel Rehearing and Rehearing En Banc is denied as moot.

OPINION

This appeal presents the question, among others, as to the constitutionality and validity of the Department of Homeland Security’s regulation pertaining to assessment of good moral character in naturalization proceedings. We conclude that the regulation passes constitutional muster and is not ultra vires as to its governing statute. We affirm the judgment of the district court.

I

After thirteen years of lawful permanent residence, Marilyn Thi Dang filed an Application for Naturalization with the Immigration and Naturalization Service (“INS”) on June 28, 1995. On February 2, 1996, Dang intentionally set fire to her van, severely burning herself and her four-month-old son. Meanwhile, the INS had been processing Dang’s application for naturalization. On March 12, 1996, after Dang had set fire to the van, Dang was interviewed under oath by an INS officer regarding her citizenship application. During the…