Robert Taylor v. United States Attorney General

MEMORANDUM

Appellant Robert Taylor, a native and citizen of Canada, appeals the district court’s dismissal with prejudice of his petition seeking review of the denial by the United States Citizenship and Immigration Services of his Form N^400 application for naturalization. We have jurisdiction pursuant to 28 U.S.C. § 1291 and review the merits of a district court’s naturalization decision under our “usual standard of review.” United States v. Hovsepian, 359 F.3d 1144, 1165 (9th Cir.2004). Thus, findings of fact, including findings pertaining to good moral character, are reviewed for clear error, Diamond v. City of Taft, 215 F.3d 1052, 1055 (9th Cir.2000); Yuen Jung v. Barber, 184 F.2d 491, 497 (9th Cir.1950), and conclusions of law are reviewed de novo, Diamond, 215 F.3d at 1055 . We vacate and remand for further proceedings.

An applicant seeking naturalization must satisfy all eligibility requirements, which include demonstrating good moral character. 8 U.S.C. § 1427 (e); see Santamaria-Ames v. INS, 104 F.3d 1127 , 1129 (9th Cir.1996) (discussing good moral character). A person who has been convicted of an aggravated felony, however, lacks good moral character. 8 U.S.C. § 1101…