United States v. Singh
| Decision Date | 14 March 2019 |
| Docket Number | CIVIL ACTION NO. 2:18-cv-85 (WOB-CJS) |
| Parties | UNITED STATES OF AMERICA PLAINTIFF v. KARNAIL SINGH DEFENDANT |
| Court | U.S. District Court — Eastern District of Kentucky |
The United States brings this action under 8 U.S.C. § 1451(a) to revoke Defendant Karnail Singh's citizenship, alleging that Singh illegally procured his naturalization by inter alia, concealing his use of two identities and his prior immigration history. The Complaint sets forth five "counts," or rather five separate grounds for revoking Singh's certificate of naturalization:
This matter comes before the Court on Defendant Singh's motion to dismiss. (Doc. 6). The Court dispenses with oral argument because the materials before it adequately present the facts and legal contentions, and argument would not aid the decisional process. Accordingly, the matter is ripe for disposition.
For the reasons that follow, the Court will grant the motion in part and deny it in part. The Court will only dismiss Count I.
On approximately January 21, 1992, Defendant Singh submitted a Form I-589 asylum application ("First Asylum Application") to the Immigration and Naturalization Service ("INS").1 (Doc. 1, ¶ 7). The application was submitted under the name KARNAIL SINGH DHILLON and stated that he was born in January 1963 in India and that he last entered the United States in Los Angeles, California on December 28, 1990. Id. at ¶¶ 7-8. As part of the application process, Singh was fingerprinted and then signed the application, certifying that the application and accompanying documents were true and correct. Id. at ¶¶ 9-10. In connection withhis First Asylum Application, Singh submitted biographic information in Form G-325, dated November 20, 1991 ("1991 Form G-325") (Doc. 1-3). In that form, Singh represented: (i) his name as KARNAIL SINGH DHILLON; (ii) he was born in January 1963, in India; (iii) he had used no other names; and (iv) that GURMAIL SINGH and JEET KAUR are his father and mother, respectively. (Doc. 1, ¶¶ 11-12).
On January 5, 1993, an INS officer interviewed Singh regarding his First Asylum Application. Id. at ¶ 13. In the interview, Singh reaffirmed the truth of the representations he provided in his First Asylum Application by again signing his application, certifying that the application and all accompanying documents were true and correct. Id. at ¶ 14. On September 29, 1993, INS denied Singh's First Asylum Application. Id. at ¶ 15. Singh subsequently filed an untimely letter of rebuttal and attached a warrant for his arrest in India, indicating that he committed or is suspected of having committed terrorist activity and murder in violation of the Indian Penal Code. Id.
On December 7, 1993, INS initiated deportation proceedings against Singh and issued a Form I-221, Order to Show Cause and Notice of Hearing ("OSC"). Id. at ¶ 16. INS alleged Singh was deportable under 8 U.S.C. § 1252(a)(1)(B) because he entered the United States without having been inspected and admitted or paroled. Id. INS served the OSC on Defendant by certified mail on January 4, 1994. Id. Singh personally appeared in immigration court. Id. at ¶ 17. Singh was then personally served with a Notice of Hearing, stating the date and time of a third hearing. Id.When Singh failed to appear, the immigration judge entered an order in abstentia on January 25, 1995, ordering that Singh be deported to India. Id. Singh, however, did not depart the United States between January 1995 and May 2002. Id. at ¶ 18.
On July 20, 1994, Singh submitted a second Form I-589 asylum application ("Second Asylum Application") to INS, this time under the name KARNAIL SINGH. Id. at ¶ 19. In the application, Singh represented that: (i) he was born in December 1968 in India; (ii) he was detained in jail without charges for a total of approximately eleven months, beginning in January 1992; and (iii) he last entered the United States at San Ysidro, California on May 5, 1994, after transiting through Mexico. Id. at ¶ 20. Singh was fingerprinted and signed his Second Asylum Application, certifying that the application and all accompanying documents were true and correct. Id. at ¶¶ 21-22.
In connection with his Second Asylum Application, Singh submitted biographic information in a second Form G-325A, dated July 11, 1994 ("1994 Form G-325A") (Doc. 1-4), in which he represented: (i) his name as KARNAIL SINGH; (ii) he was born in December 1968, in India; (iii) that TARSEM SINGH and TARA KAUR are his father and mother, respectively; and (iv) that he had used no other names, given that he left blank the question requesting that he provide "All Other Names Used." Id. at ¶¶ 25-26.
On September 21, 1995, Christine Smith, on behalf of Singh and representingherself as Singh's wife, filed a Form I-130 petition ("Visa Petition"). Id. at ¶ 28. KARNAIL SINGH was listed as the visa beneficiary. Id. In the petition, Smith represented: (i) that Singh was born in December 1968, in India; (ii) his last arrival in the United States was without inspection on May 5, 1994; and (iii) that Singh had never been under immigration proceedings, including exclusion, deportation, rescission, or judicial proceedings. Id. at ¶ 29. In connection with the petition, Singh submitted biographic information in a third Form G-325A, dated September 21, 1995 ("1995 Form G-325A"), in which he represented: (i) his name as KARNAIL SINGH: (ii) he was born in December 1968, in India; (iii) TARSEM SINGH and TARA KAUR are his father and mother, respectively; and (iv) that with respect to "All Other Names Used," there were "None." Id. at ¶¶ 30-31.
On May 30, 1996, Singh submitted a Form I-485 application to register for permanent residence or adjust his status ("Adjustment Application") (Doc. 1-5), under the name KARNAIL SINGH. (Doc. 1, ¶ 33). In the application, Singh stated: (i) that he was born in December 1968, in India, and last arrived in the United States on May 5, 1994; (ii) the first name of his father and mother, respectively, is TARSEM and TARA; (iii) he had never been arrested, cited, charged, indicted, fined, or imprisoned for breaking or violating any law, or ordinance, excluding traffic violations; (iv) he had never been deported from the United States or removed from the United States at government expense or excluded within the past year and was not currently in exclusion or deportation proceedings; and (v) that he had never, by fraud or willfulmisrepresentation of a material fact, sought to procure, or procured, a visa, other documentation, entry into the United States, or any other immigration benefit. Id. at ¶¶ 33-34; (Doc. 1-5).
On May 5, 1996, Singh signed his Adjustment Application, certifying that the application and evidence submitted with it was true and correct. (Doc. 1, ¶ 35). In connection with his Adjustment Application, Singh submitted biographical information in a fourth Form G-325A, dated May 5, 1996 ("1996 Form G-325A"). In form Singh represented: (i) his name as KARNAIL SINGH; (ii) he was born in December 1968, in India; and (iii) that TARSEM SINGH and TARA KAUR are his father and mother, respectively. Singh left blank the question requesting that he provide "All Other Names Used." Id. at ¶¶ 37-38.
On March 11, 1997, an INS officer interviewed Singh regarding his Adjustment Application. Id. at ¶ 40. During the interview, Singh indicated that the police in India jailed him for eleven months in 1992 and 1993, without a court hearing, for possession of firearms. Id. at ¶ 41. Singh also reiterated his application responses in the negative; specifically: he was not currently in deportation proceedings and he had never sought to procure an immigration benefit by fraud or willful misrepresentation of a material fact. Id. Singh then signed his Adjustment Application a second time, affirming that any changes he made to the application in the course of the interview were based on sworn testimony. Id. at ¶ 42.
On May 9, 2002, INS approved Singh's Adjustment Application. Id. at ¶ 45.Sing then sent a letter to USCIS on April 16, 2003, requesting to withdraw his Second Asylum Application. Id. at ¶ 46. On April 22, 2003, USCIS withdrew Singh's Second Asylum application. Id.
On July 7, 2008, Singh filed a Form N-400 application for naturalization ("Naturalization Application") (Doc. 1-6), under the name KARNAIL SINGH, claiming he was born in December 1968. Id. at ¶ 47. Several questions in the application are relevant to the allegations in this matter.
First, in Part 1, question C of the application states, "If you have ever used other names, provide them below." Singh wrote in "None." Id. at ¶ 48. Second, in Part 10(D), question 15 asks, "Have you ever committed a crime or offense for which you were not arrested?" Id. at ¶ 51 (emphasis in original). Singh marked the box for "No." Id. Next, in Part 10(D), question 23 inquires: "Have 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?" (emphasis in original). Id. at ¶ 54. Again, Singh marked the box for "No." Id. Then, in Part...
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