Puello v. Bureau of Citizenship and Immigration, Docket No. 06-0735-cv.

Citation511 F.3d 324
Decision Date20 December 2007
Docket NumberDocket No. 06-0735-cv.
PartiesManuel PUELLO, Petitioner-Appellant, v. BUREAU OF CITIZENSHIP AND IMMIGRATION SERVICES, Respondent-Appellee.
CourtUnited States Courts of Appeals. United States Court of Appeals (2nd Circuit)

Matthew L. Guadagno, (Jules E. Coven, Kerry W. Bretz, of counsel) Bretz & Coven, LLP, New York, NY, for Petitioner-Appellant.

F. James Loprest, Special Assistant United States Attorney (Kathy S. Marks, Assistant United States Attorney, of counsel) for Michael J. Garcia, United States Attorney for the Southern District of New York, New York, NY, for Respondent-Appellee.

Before: CABRANES, SACK, and KATZMANN, Circuit Judges.

KATZMANN, Circuit Judge:

This case calls on us to decide when a "conviction" occurs for purposes of the naturalization provisions of the Immigration and Nationality Act (INA), 8 U.S.C. § 1101(f)(8) (as amended by the Immigration Act of 1990, Pub.L. 101-649, Title V, 104 Stat. 4978, 5051 (Nov. 29, 1990)). The petitioner-appellant, Manuel Puello, appeals from a decision of the United States District Court for the Southern District of New York (John F. Keenan, J.) affirming the denial by the respondent-appellee Bureau of Citizenship and Immigration Services (BCIS) of Puello's application for naturalization. Under the 1990 amendments to the INA, if a person is "convicted" of an aggravated felony after the date of enactment of the statute, November 29, 1990, that person is statutorily precluded from establishing the "good moral character" required for naturalization. 8 U.S.C. § 1101(f)(8); 8 C.F.R. § 316.10(b)(1)(ii). In pertinent part, the INA defines "conviction" as a "formal judgment of guilt of the alien entered by a court." 8 U.S.C. § 1101(a)(48)(A). Puello pleaded guilty to an aggravated felony, conspiracy to possess cocaine with intent to distribute, on December 12, 1989. He was sentenced on April 3, 1991, and the district court entered judgment against him on April 10, 1991.

Puello argues that the date of his conviction was the date of his guilty plea, which was before the amendment to the INA became effective. BCIS contends, and the district court held, that the date of Puello's conviction was either his sentencing date or the date judgment was entered against him — both of which occurred after the amendment of the INA. If Puello is correct, the statute does not preclude him from proving his good moral character; conversely, if BCIS is correct, Puello cannot prove his good moral character and is barred from naturalization. We have not yet had occasion to address this question. For the reasons stated below, we affirm the district court's decision.

BACKGROUND

Petitioner-appellant Manuel Puello is a fifty-one year-old immigrant from the Dominican Republic. He has been a lawful permanent resident of the United States since October 14, 1974, and is married to a United States citizen. On September 21, 1989, a Southern District of New York grand jury indicted Puello on charges of possession with intent to distribute a controlled substance, and conspiracy to possess with intent to distribute a controlled substance, arising out of his negotiations to sell approximately two kilograms of cocaine to a confidential informant. Puello pleaded guilty to the conspiracy count before United States District Judge Robert Patterson on December 12, 1989. Puello's sentencing did not occur, however, until April 3, 1991, when Judge Patterson sentenced Puello to time served and four years of supervised release. The clerk filed the Judgment in a Criminal Case on April 10, 1991. The judgment indicates that the court sentenced Puello to a below-guidelines sentence on motion of the government as a result of Puello's substantial assistance, perhaps explaining the lengthy delay between Puello's guilty plea and his sentencing.

Puello applied for United States citizenship on October 5, 2001. In his application, Puello responded affirmatively to the question asking whether he had ever been convicted of a crime. On September 13, 2002, following an investigation, BCIS informed Puello that federal immigration regulations rendered him ineligible for naturalization. In its decision denying Puello's application, BCIS noted that, under 8 C.F.R. § 316.2(a)(7), an applicant must establish that he "has been and continues to be a person of good moral character." BCIS then quoted 8 C.F.R. § 316.10(b), which states that an "applicant shall be found to lack good moral character, if the applicant has been . . . convicted of an aggravated felony . . . on or after November 29, 1990." The decision explained that Puello's federal conviction occurred on April 3, 1991. Because Puello's conviction was for an aggravated felony, as defined by 8 U.S.C. § 1101(a)(43)(B), he was therefore "precluded from establishing good moral character since [his] conviction occurred subsequent to November 29, 1990." Puello requested a review hearing, arguing that BCIS had erred: According to Puello, his conviction occurred on December 12, 1989, the date of his guilty plea. On February 28, 2003, the BCIS District Director affirmed the denial of Puello's application.

On June 6, 2003, Puello filed a petition for de novo review of the denial of his application in the United States District Court for the Southern District of New York. See 8 U.S.C. § 1421(c) ("A person whose application for naturalization under this subchapter is denied . . . may seek review of such denial before the United States district court. . . . Such review shall be de novo, and the court shall make its own findings of fact and conclusions of law. . . ."). Both parties agreed to the material facts and moved for summary judgment. The district court issued an opinion and order granting BCIS's motion for summary judgment and affirming the denial of Puello's application on December 13, 2005. See Puello v. Bureau of Citizenship & Immigration Servs., 418 F.Supp.2d 436 (S.D.N.Y.2005). The district court held that the date of Puello's conviction was either his sentencing date or the date the judgment was entered on the docket, both of which occurred after November 29, 1990. Id. Puello timely filed this appeal.

DISCUSSION
Standard of Review

We review de novo a district court's grant of summary judgment. Sheppard v. Beerman, 317 F.3d 351, 354 (2d Cir.2003). Summary judgment is properly granted when "there is no genuine issue as to any material fact and . . . the moving party is entitled to judgment as a matter of law." Fed.R.Civ.P. 56(c). In this case, the parties agree to all material facts — the critical issue is the interpretation of the definition of "conviction" in the INA. We review such questions of statutory interpretation de novo. Auburn Hous. Auth. v. Martinez, 277 F.3d 138, 143 (2d Cir.2002).

The Meaning of the Word "Conviction" in the INA

In this case, our principal task is to determine whether, under the definition of "conviction" in 8 U.S.C. § 1101(a)(48)(A), a "formal judgment of guilt of the alien entered by a court" occurs at the time of the alien's guilty plea to a criminal charge, or on the date of sentencing or entry of the judgment. "Statutory construction . . . is a holistic endeavor." United Sav. Ass'n of Texas v. Timbers of Inwood Forest Assocs., Ltd., 484 U.S. 365, 371, 108 S.Ct. 626, 98 L.Ed.2d 740 (1988). To interpret the terms of a statute, we look first to the statutory language itself. See Auburn Hous. Auth., 277 F.3d at 143 (citing Mallard v. United States Dist. Court, 490 U.S. 296, 300, 109 S.Ct. 1814, 104 L.Ed.2d 318 (1989)). "Well-established principles of construction dictate that statutory analysis necessarily begins with the `plain meaning' of a law's text and, absent ambiguity, will generally end there." Collazos v. United States, 368 F.3d 190, 196 (2d Cir.2004). "In ascertaining the plain meaning of a statute, the court must look to the particular statutory language at issue, as well as the language and design of the statute as a whole." K Mart Corp. v. Cartier, 486 U.S. 281, 291, 108 S.Ct. 1811, 100 L.Ed.2d 313 (1988). If the meaning of a statute is ambiguous, the court may resort to legislative history to determine the statute's meaning. See Canada Life Assurance Co. v. Converium Ruckversicherung (Deutschland) AG, 335 F.3d 52, 57 (2d Cir.2003); Auburn Hous. Auth., 277 F.3d at 143-44. But in so doing, we must "construct an interpretation that comports with [the statute's] primary purpose and does not lead to anomalous or unreasonable results." Connecticut ex rel. Blumenthal v. United States Dep't of the Interior, 228 F.3d 82, 89 (2d Cir.2000) (citing Am. Tobacco Co. v. Patterson, 456 U.S. 63, 71, 102 S.Ct. 1534, 71 L.Ed.2d 748 (1982)).

It has long been a requirement that an applicant for naturalization demonstrate good moral character. See, e.g., Repouille v. United States, 165 F.2d 152, 153 (2d Cir.1948) (construing the phrase "good moral character" in the predecessor to the Immigration and Nationality Act). Prior to 1990, the INA barred aliens convicted of murder from demonstrating good moral character, but allowed aliens convicted of other felonies to attempt to meet that requirement. In 1990, Congress amended the INA to provide that all aliens convicted of any aggravated felony would be statutorily precluded from establishing the necessary good moral character for naturalization. The pertinent naturalization provision now reads: "No person shall be regarded as, or found to be, a person of good moral character who, during the period for which good moral character is required to be established, is, or was — one who at any time has been convicted of an aggravated felony (as defined in subsection (a)(43) of this section)." 8 U.S.C. § 1101(f)(8). The 1990 amendments also provided that this change "shall take effect on the date of enactment of this Act and shall apply to convictions occurring on or after such date." Immigration Act of 1990, § 509(b), 104 Stat. at 5051. The date of enactment was November...

To continue reading

Request your trial
83 cases
  • Warren Pearl Const. v. Guardian Life Ins., 08 Civ. 9445(WHP).
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • July 22, 2009
    ...... September 19, 2008.) DOI's State Health Bureau representative testified: . . I believe we have ... See Puello v. Bureau of Citizenship and Immigration Servs., ......
  • Saunders v. City of New York, 07 Civ. 830(SAS).
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • December 15, 2008
    ...... Court is directed to close these motions (Docket Nos. 237, 241). A conference is scheduled for ...1811, 100 L.Ed.2d 313 (1988). . 41. Puello v. Bureau of Citizenship and Immigration Servs., ......
  • U.S. v. Williams, Docket No. 07-2436-cr.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • March 5, 2009
    ...... and, absent ambiguity, will generally end there." Puello v. BCIS, 511 F.3d 324, 327 (2d Cir.2007) (quotation marks ......
  • U.S. v. Quinones, Docket No. 04-5554-cr(L).
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • December 28, 2007
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT