Barekzai

MEMORANDUM **

The government appeals the district court’s denial of its motion to revoke the *733 citizenship of Sardar and Malia Barekzai after their convictions for procuring citizenship unlawfully under 18 U.S.C. § 1425 . The government argues that the district court failed to obey the mandatory directive in 8 U.S.C. § 1451 (e) that the citizenship of a person convicted of violating 18 U.S.C. § 1425 “shall” be revoked.

The Barekzais argue that this court lacks jurisdiction because the government does not have authority to appeal the denial of a motion to revoke citizenship under 18 U.S.C. § 3731 and because the appeal is not timely under Fed. R.App. P. 4(b). We disagree. The government has authority to appeal under 18 U.S.C. § 3731 because it allows any appeal by the government in a criminal case that is not constitutionally barred, and the Barekzais do not assert a constitutional bar. See United States v. Wilson, 420 U.S. 332, 337-39 , 95 S.Ct. 1013 , 43 L.Ed.2d 232 (1975); United States v. Fernandez, 231 F.3d 1240, 1244 (9th Cir.2000). The government’s appeal is also timely, because it was filed within 30 days of the entry of the district court’s order. See United States v.…