Abusamhadaneh v. Taylor, 1:11cv939 (JCC/TCB).

• Decision Date: 05 June 2012
• Docket Number: No. 1:11cv939 (JCC/TCB).,1:11cv939 (JCC/TCB).
• Citation: 873 F.Supp.2d 682
• Parties: Jamal ABUSAMHADANEH, Plaintiff, v. Sarah TAYLOR, et al., Defendants.
• Court: U.S. District Court — Eastern District of Virginia

873 F.Supp.2d 682

Jamal ABUSAMHADANEH, Plaintiff,

v.Sarah TAYLOR, et al., Defendants.

No. 1:11cv939 (JCC/TCB).

United States District Court,

E.D. Virginia,

Alexandria Division.

June 5, 2012.

Denyse Sabagh, Washington, DC, for Plaintiff.

Bernard G. Kim, U.S. Attorney's Office, Alexandria, VA, Sherry D. Soanes, Office of Immigration Litigation, Washington, DC, for Defendants.

MEMORANDUM OPINION

JAMES C. CACHERIS, District Judge.

Jamal Abusamhadaneh's Petition for Review of Denial of Application for Naturalization Pursuant to 8 U.S.C. § 1421(c) is before the Court following a bench trial held on March 13, 14, and 15, 2012. After considering the relevant evidence, including exhibits and witness testimony at trial, the Court finds that Mr. Abusamhadaneh is a person of good moral character and meets the requirement for naturalization set out in the Immigration and Nationality Act. The Court makes the following findings of fact and conclusions of law.

I. Findings of Fact

A. Mr. Abusamhadaneh's Background

Jamal Abusamhadaneh is a natural born citizen of Jordan. (March 13, 2012 Tr. [Dkt. 49] (“Tr. I”) 29:9.) After visiting the United States as a student in 1994 through a program run by the Department of State, Mr. Abusamhadaneh returned in 1996 on a visitor visa and then remained in the country on a student visa. (Tr. I 29:21–33:13.) While here, he studied English and obtained a masters degree in information systems. (Tr. I 32:22–33:22.) Mr. Abusamhadaneh has been a lawful permanent resident of the United States since July 10, 2002. (Tr. I 37:17–18.)

From 1999 to 2004, Mr. Abusamhadaneh worked for the American Muslim Foundation (AMF), which sponsored his H–1b visa. (Tr. I 33:25–36:18.) He was AMF's director of education and then worked for the organization in information systems. (Tr. I 35:14–37:9.) Mr. Abusamhadaneh also worked for KForce, Inc. and then CoreStaff Technology Group in information technology technical support. (Tr. I 45:14–23.) In 2005, Mr. Abusamhadaneh was hired by the Fairfax County Police Department as a network analyst. (Tr. I 46:1–13.) Mr. Abusamhadaneh resigned from the Fairfax County Police Department on December 11, 2006. (Tr. I 47:5–9.) He then worked for a contractor in the health care industry until July 2008 when he started working for his current employer, the United Health Group. (Tr. I 47:11–25.) He is a senior network consultant. (Tr. I 48:1–2.)

Mr. Abusamhadaneh resides in Falls Church, Virginia with his family. (Tr. I 29:4–7.) Mr. Abusamhadaneh has four children and lives with his wife who obtained citizenship in 2008. (Tr. I 44:17–45:9.) Mr. Abusamhadaneh is a practicing Muslim. (Tr. I 52:19–21; 54:13–21.) He primarily prays at the Dar al-Hijra mosque, as it is the closest mosque to his residence. ( Id.) Mr. Abusamhadaneh presented two credible witnesses who discussed Mr. Abusamhadaneh's helpful character and his reputation as someone who is very honest and truthful. ( See March 12, 2012 Tr. [Dkt. 50] (“Tr. II”) 85:21–89:13; 95:17–97:5.)

B. Naturalization Proceedings

On February 13, 2008, Mr. Abusamhadaneh submitted his N–400 Application for Naturalization (the Application) along with appropriate supporting documentation and the required fee. (Appl. [Joint Exhibit (JE) 1] at 10; Stipulation of Uncontested Facts [Dkt. 27] (Stip.) at 1.) In addition to Mr. Abusamhadaneh's signature, the Application contains the signature of his attorney, Ashraf Nubani, as the preparer of the Application. ( Id.) Mr. Abusamhadaneh retained Mr. Nubani to assist with preparation of the Application and with the ensuing naturalization proceedings. (Tr. I 48:24–51:11.)

i. October 5, 2009 Interview

The processing of Mr. Abusamhadaneh's Application took much longer than the usual six months, so after contacting United States Citizenship and Immigration Services (USCIS), Mr. Abusamhadaneh threatened to file a writ of mandamus. (Tr. I 231:17–232:7.) On October 5, 2009, Mr. Abusamhadaneh finally attended his N–400 naturalization interview at the USCIS Washington District Office in Fairfax, Virginia. (Stip. at 1.) He was accompanied by Mr. Nubani. ( Id.) The interview was conducted by Senior District Adjudications Officer Malgorzata Lutostanski and a portion of it was videotaped.¹ ( Id.)

At the start of the hearing Officer Lutostanski stated:

Please let me know at any time if you need to take a break to go to the bathroom or have a drink of water or anything like that. Also if you don't understand any of the questions that I ask please ask me for clarification. Also just so you know if at any time you choose to stop the interview or you don't want to answer any questions that I ask you, a negative inference may be drawn from your silence. Present at this interview is your attorney of record, Asraf Nubani. Please understand that your attorney's role at this interview is to ensure that your legal rights are protected. Your attorney may advise you on points of law, but he cannot respond to questions that are directed at you. These proceedings will be conducted under oath. And all statements you make constitutes (sic) sworn testimony.

(October 5, 2009 N–400 Hearing Partial Tr. [JE 7] (Tr. 2009) 3:17–4:13.) After asking Mr. Abusamhadaneh a series of questions, Officer Lutostanski had him verify that everything stated in the Application was the truth and sign the Application. (Tr. II 48:4–8.) Officer Lutostanski signed the Application herself and conducted a language and civics test. (March 15, 2012 Partial Tr. [Dkt. 51] (“Tr. IIIA”) 48:4–8.)

Officer Lutostanski then asked Mr. Abusamhadaneh numerous additional questions. (Tr. IIIA 48:9–11.) After asking the questions, she informed him that she was going to put in a request for additional evidence. (Tr. I 95:17–19;Tr. IIIA 31:4–9.) A drink of water was requested, and Officer Lutostanski informed Mr. Abusamhadaneh and Mr. Nubani that they could wait in the waiting area. (Tr. IIIA 31:10–15.) This “break” in the interview lasted approximately ten to fifteen minutes. (Tr. I 95:21–24; 245:18–20; Tr. II 233:4–20.)

When Officer Lutostanski returned with the request, Mr. Nubani asked that Mr. Abusamhadaneh have more time to clarify some points. (Tr. I 97:7–98:18; Tr. II 234:5–11.) Officer Lutostanski agreed and reminded Mr. Abusamhadaneh that he was still under oath. ( Id.) At that point, Mr. Abusamhadaneh provided additional information regarding his response to particular questions. (Tr. I 100:2–6.) During this portion of the interview, Officer Lutostanski took a series of notes, portions of which Mr. Abusamhadaneh initialed at the end of the interview. (Tr. I 143:4; Tr. II 235:13–25.)

On April 30, 2010, USCIS issued a decision denying Mr. Abusamhadaneh's N–400 Application (the 2010 Decision). (JE 11; see also JE 2.) The 2010 Decision concludes Mr. Abusamhadaneh lacked the “good moral character” required for naturalization because he provided false testimony for the purpose of obtaining naturalization. (JE 11 at 2.) The 2010 Decision expresses concern with Mr. Abusamhadaneh's responses to the following topics: membership and association with the Dar al Hijra mosque and the Muslim Brotherhood, association with Abdurahman Alamoudi, and detentions by Jordanian officials. ² (JE 11 at 5–7.)

ii. October 5, 2009 Hearing

On June 2, 2010, Mr. Abusamhadaneh filed a Request for a N–336 Hearing on a Decision in Naturalization Proceedings with USCIS. (Stip. at 2.) In support, he submitted a sworn affidavit from himself and from Mr. Nubani to explain and rebut the conclusion by USCIS that he provided false testimony during the N–400 interview. ( Id.) On December 29, 2010, Mr. Abusamhadaneh appeared for his N–336 hearing at the USCIS Washington District Office accompanied by Mr. Nubani. (JE 12.) He was interviewed by Senior District Adjudications Officer June Williams and the interview was videotaped. ( Id.)

On July 28, 2011, USCIS issued a decision affirming the prior denial of his Application (the 2011 Decision). (JE 13.) The 2011 Decision, drafted by Officer Williams, concludes that “you have failed to overcome the denial of your application dated April 30, 2010, as it pertains to a finding that you are a person of good moral character.” (JE 13 at 5.) The 2011 Decision states that during the N–400 interview Mr. Abusamhadaneh was not initially forthcoming about his “associations with Mr. Alamoudi and various organizations.” (JE 13 at 4.) It states that “the reason you came back and asked for the second portion of the interview was because you knew your earlier minimizations of your associations with various groups and persons would not deceive USCIS.” ( Id.)

Mr. Abusamhadaneh disputes the determination that he lacks good moral character for purposes of naturalization as required under 8 U.S.C. § 1427. On September 2, 2011, he filed with this Court a Petition for Review of Denial of Application for Naturalization Pursuant to 8 U.S.C. § 1421(c) and Request for De Novo Hearing. [Dkt. 1.] The Defendants in this case are: Sarah Taylor, District Director, United States Citizenship and Immigration Services (USCIS), Washington District Office; Kimberly Zanotti, Field Office Director, USCIS, Washington District Office; Alejandro Mayorkas, Director, USCIS; Michael Aytes, Acting Deputy Director, USCIS; Janet Napolitano, Secretary of the United States Department of Homeland Security; and Eric H. Holder, Jr., United States Attorney General. A bench trial was held on March 13, 14, and 15, 2012, and Mr. Abusamhadaneh's Petition is now before the Court.

C. Preliminary Issues

Before examining Mr. Abusamhadaneh's testimony, it is helpful to first address two overarching issues in this case. Both created confusion during Mr. Abusamhadaneh's N–400 interview and, through no fault of his own, mistakenly contributed to a perception that Mr. Abusamhadaneh was not forthcoming.

i. AMF & FBI Memorandum

The first issue is that Officer Lutostanski relied on information in a FBI report that was discredited...