Hovsepian

United States v. Hovsepian

Good Law
422 F.3d 883
United States Court of Appeals for the Ninth CircuitSeptember 6, 2005Nos. 99-50041, 99-56922, 01-55247California2,242 words

Opinion

Lead Opinion

Graber, J.

This case comes before the en banc court for the second time. The first time, in United States v. Hovsepian, 359 F.3d 1144, 1165-69 (9th Cir.2004) (en banc), we reversed the district court’s decision to administer the oath of citizenship to Appel-lees Viken Hovsepian and Viken Yacoubian because of legal errors in the court’s consideration of their applications for naturalization. On remand, the government pursued additional discovery and the court took further evidence and heard argument, again finding that Appellees had established that they possess good moral character, as required by 8 U.S.C. § 1427 (a)(3). The court ratified its August 18, 2000, administration of the oath of allegiance and the swearing in of Appellees as United States citizens. The government timely sought review, and we affirm.

The key to our present decision is the standard of review. We review for clear error the district court’s findings that Appellees possess good moral character, which are findings of fact. See Fed. R.Civ.P. 52(a) (mandating that “[findings of fact ... shall not be set aside unless clearly erroneous”); Yuen Jung v. Barber, 184 F.2d 491, 497 (9th Cir.1950) (holding that findings of good…

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