Uscis

Abdul H. Alocozy appeals a decision by the district court denying his petition for review of a determination by the United States Citizenship and Immigration Services (“USCIS”) that his felony conviction of assault with intent to commit rape renders him ineligible to become naturalized as a United States citizen. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

I

The facts and circumstances surrounding this case are largely undisputed. Alocozy, a native and citizen of Afghanistan, came to the United States in 1983. On October 15, 1984, his status was adjusted pursuant to section 209(a) of the Immigration and Naturalization Act (“INA”) to “lawful permanent resident.” On October 3, 1990, he was charged in Alameda County, California with rape, in violation of California Penal Code section 261. He subsequently pleaded nolo contendere on January 9, 1991 to felonious assault with the intent to commit rape, in violation of California Penal Code section 220, as a stipulated related offense to the crime originally charged.

In 1999, the Immigration and Naturalization Service (“INS”) initiated removal proceedings against Alocozy on account of his conviction of…