United States v. Castillo
| Decision Date | 04 March 2021 |
| Docket Number | Case No. 8:19-cv-3459-PWG |
| Parties | UNITED STATES OF AMERICA, Plaintiff, v. ELFIDIO CASTILLO, Defendants. |
| Court | U.S. District Court — District of Maryland |
Plaintiff, the United States of America, brought this denaturalization action on December 3, 2019 against Defendant Elfidio Castillo,1 to revoke his naturalized U.S. citizenship under 8 U.S.C. § 1451(a). Compl., ECF No. 1. This action is based on Defendant's criminal sexual activity with a minor before he became a naturalized citizen of the United States, but for which he was not convicted until after he naturalized as a U.S. citizen. Plaintiff seeks to revoke and set aside the order admitting Defendant to U.S. citizenship and to cancel his certificate of naturalization on the ground that Defendant illegally procured his naturalization because, prior to his naturalization, he committed unlawful acts that adversely reflected on his moral character under 8 C.F.R. § 316.10(b)(3)(iii), and statutorily disqualified him from naturalization. Plaintiff also claims that Defendant failed to meet the statutory good moral character requirement because Defendant concealed and willfully misrepresented material facts during his naturalization proceedings about his commission of that criminal sexual conduct.
On July 20, 2020, Plaintiff moved for judgment on the pleadings on Count II of its Complaint pursuant to Federal Rule of Civil Procedure 12(c). Pl.'s Mot., ECF No. 23. Plaintiff alleges that Castillo's unlawful actions during the statutory good moral character period2 constitute the essential elements of: (i) perjury, in violation of 18 U.S.C. § 1621(1); (ii) false swearing in an immigration matter, in violation of 18 U.S.C. § 1546(a); and (iii) making false material statements, in violation of 18 U.S.C. § 1001(a). Id. at 2. Plaintiff claims that because these all adversely reflected on his moral character, and there are no plausible extenuating circumstances that lessen his guilt for the unlawful activity, Castillo is ineligible to naturalize, and thus his procurement of naturalization is illegal. Id. (citing 8 U.S.C. § 1101(f); 8 C.F.R. § 316.10(b)(3)(iii)).
After reviewing the record, the Court concludes that the government has not met its burden for judgment on the pleadings. Because the pleadings do not clearly, unequivocally, and convincingly establish the absence of genuine issues of material facts and extenuating circumstances, the government has not shown that it is clearly entitled to judgment as a matter of law that Castillo would have been ineligible for naturalization due to unlawful acts adversely reflecting on his moral character. Accordingly, the government is not entitled to judgment on the pleadings with respect to Count 2 of the complaint.
Defendant Elfidio Castillo entered the United States at an unknown date and time without being admitted or paroled. Compl. ¶ 4, ECF No. 1. He became a lawful permanent resident of the United States on November 8, 1989. Id. at ¶ 5. On March 30, 2009, Castillo filed a Form N-400,Application for Naturalization, with USCIS. See Compl., Ex. E, at 2. On June 10, 2009, while Castillo was in the process of obtaining his naturalization, he was arrested and then charged by the State's Attorney for Montgomery County, Maryland with seven criminal counts related to his sexual abuse of his minor niece. See id. at ¶¶ 7-8. On December 16, 2009, pursuant to a Plea Agreement, Castillo pleaded guilty in the Circuit Court for Montgomery County to the fourth count, Sexual Offense in the Third Degree (touching his minor niece's breasts with his hands), in violation of Md. Code Ann., Crim. Law § 3-301, for conduct occurring at some point between January 1, 1999 and December 1, 2006,3 during which time his niece was between the ages of six and thirteen years old. Id. at ¶ 9 (). Castillo was sentenced to thirty-six months incarceration, eighteen of which were suspended, and four years supervised probation. Id. at ¶ 11.
On March 25, 2009, before his arrest for the aforementioned criminal conduct, Castillo signed his N-400 Application for Naturalization under penalty of perjury. Compl., Ex. E, at 10. In his naturalization application, Castillo checked the box marked "No" in response to part 10, question 15, which asked the following: "Have you ever committed a crime or offense for which you were not arrested?" Id. at 8. Defendant also checked "no" when asked, "[h]ave you ever given false or misleading information to any U.S. Government official while applying for any immigration benefit or to prevent deportation, exclusion or removal?" Id.
On September 15, 2009, three months after Castillo was arrested for his sexual abuse of his minor niece, he was interviewed by a USCIS officer to determine his eligibility for naturalization. Answer ¶ 15, ECF No. 11. The parties dispute whether Castillo was placed under oath and whether he was asked questions and testified material information regarding his previouscrimes and arrests during the interview. Pl.'s Mot. 4, ECF No. 23; Def.'s Resp. 4-5, ECF No. 24. The government contends that Castillo was placed under oath and when asked about question 15 and 16 of part 10, he testified that he was previously arrested and charged in 1995 for driving while intoxicated but had never committed a crime or offense for which he had not been arrested. Compl. ¶¶ 15-20. The government further alleges that Castillo amended his answer to detail his time in jail related to driving while intoxicated in response to question 21, and when asked about question 23, he testified that he had never given false or misleading information to any U.S. Government official while applying for any immigration benefit. Id. at 21-24. To the contrary, Castillo claims that, during the interview on September 15, 2009, he was not asked, and thus he did not testify, that he had never committed a crime or offense for which he was not arrested. Def.'s Resp. 4-5; Answer ¶¶ 17, 18. He denied having testified about whether he had or had not been arrested. Def.'s Resp. 5; Answer ¶¶ 19, 20. Castillo further asserts that he was not asked if he had ever provided false or misleading information while applying for an immigration benefit. Answer ¶¶ 23, 24. While admitting that he had signed his application under penalty of perjury at the conclusion of the interview, Castillo claimed it was not clear to what the signature attested. Id. ¶ 25.
The government contends that Castillo was interviewed for a second time by a USCIS officer on October 22, 2009 to determine his eligibility for naturalization and signed his Form N-400 under the penalty of perjury, for a third time, before his application was approved on the same date. Compl. ¶¶ 31-32. The government alleges that, during the interview, Castillo was asked whether he had ever been charged with committing any crime or offense, and he amended his answer to include a 1983 citation for using a false identification card but then testified that he had no other arrest to report. Id. at ¶¶ 27-30. In contrast, Castillo denied he was interviewed a second time. Def.'s Resp. 5; Answer ¶¶ 27-31. Castillo then took the oath of allegiance, was admitted asa citizen of the United States, and was issued Certificate of Naturalization No. 32866383 on October 27, 2009. Answer ¶¶ 32-33.
On December 16, 2009, Castillo pled guilty to one count of third-degree sexual offense, Count 4 of the indictment, for "the first time." See Answer, ¶¶ 9-10 (); see also Plea Hr'g Tr. 19-20, Dec. 16, 2009, Compl. Ex. C, at 19-20. As noted, on April 15, 2010, Castillo was sentenced to 18 months incarceration with 18 additional months suspended, and four years supervised probation. Compl. ¶ 11; Answer ¶ 11.
In December 2019, the United States filed the present denaturalization action against Castillo. The government's complaint to revoke naturalization contains four counts:
1. Illegal procurement of naturalization: lack of good moral character (third-degree sexual offense during the statutory good moral character period);
2. Illegal procurement of naturalization: lack of good moral character (unlawful act adversely reflecting on moral character during naturalization application process);
3. Illegal procurement of naturalization: lack of good moral character (false testimony);
4. Procurement of naturalization by concealment of a material fact or willful misrepresentation.
Compl. 9-17. In July 2020, the United States moved for judgment on the pleadings on Count 2 of the Complaint, arguing that Castillo committed crimes of perjury, in violation of 18 U.S.C. § 1621(1); false swearing in an immigration matter, in violation of 18 U.S.C. § 1546(a); and making false statements, in violation of 18 U.S.C. § 1001(a). Pl.'s Mot. 2; Compl. ¶ 62. Plaintiff asserted that, because Castillo committed unlawful activity that adversely reflected on his moral character during the statutory period and he cannot demonstrate extenuating circumstances, he was barred under 8 U.S.C. § 1101(f) and 8 C.F.R. § 316.10(b)(3)(iii) from showing that he had the good moralcharacter necessary to become a naturalized U.S. citizen, and thus his procurement of naturalization was illegal and must be revoked under 8 U.S.C. § 1451(a). Compl. ¶¶ 64-65.
Under Federal Rule of Civil Procedure 12(c), a party may move for judgment on the pleadings once "the pleadings are closed - but early enough not to delay trial." Fed. R. Civ. P. 12(c). Courts apply the same standard that is applied to Rule 12(b)(6) motions to Rule 12(c) motions for judgment on the pleadings. See, e.g., Burbach Broadcasting Co. of Del. v. Elkins Radio Corp., 278 F.3d 401, 406 (4th Cir. 2002); Edwards v. City of Goldsboro, 178 F.3d 231, 243-44 (4th Cir. 1999) (...
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