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Keywords

plaintiffdefendantmotionsummary judgmentnaturalizationmotion for summary judgment

Related Cases

Puciaty v. Department of Justice

Facts

The plaintiff, a native of Poland, was living in Hawaii when a civil action was initiated against him in Illinois, resulting in a default judgment for $3,106. After learning of the judgment, the plaintiff inquired about correcting it but could not follow through due to scheduling conflicts. The defendant denied his application for naturalization, citing his failure to pay the judgment as evidence of a lack of good moral character. The plaintiff had been gainfully employed and had paid all required taxes during his residency in the U.S.

The Plaintiff alleges the following facts, which the INS either admits, or admits were asserted by Plaintiff during administrative proceedings (and which were rejected by the INS as insufficient to receive naturalization). Plaintiff is a native of Poland. At all times since entering the United States, Plaintiff has been gainfully employed. Additionally, he has paid all federal, state, and local taxes required of him.

Issue

Whether the failure to pay a civil judgment is sufficient to demonstrate a lack of 'good moral character' for the purposes of naturalization.

Rule

An applicant for naturalization must demonstrate 'good moral character' during the required period of residence, and failure to satisfy certain obligations may be considered in this determination.

Among the requirements for naturalization is that an applicant possess 'good moral character' during the five year required time of residence. See 8 U.S.C. 1427(a); 8 C.F.R. 316.2(a)(7); 8 C.F.R. 316.10.

Analysis

The court analyzed the facts surrounding the plaintiff's failure to pay the judgment and noted that while he did not take steps to satisfy or set aside the judgment, this alone was not sufficient to conclude that he lacked good moral character. The court emphasized that the plaintiff had been a productive member of society, had paid his taxes, and had not engaged in behavior that would typically disqualify someone from demonstrating good moral character.

While the Court does not condone Plaintiff's failure to take steps to satisfy or set aside the Illinois judgment, it cannot find that this, in and of itself, is sufficient ground to find that Plaintiff lacks good moral character.

Conclusion

The court granted the plaintiff's motion for summary judgment, concluding that his failure to satisfy or set aside the judgment did not constitute a lack of good moral character sufficient to deny his application for naturalization.

The Court granted Plaintiff's motion for summary judgment, concluding that his failure to satisfy or set aside the judgment did not constitute a lack of good moral character sufficient to deny his application for naturalization.

Who won?

Plaintiff, because the court found that the defendant's denial of his application for naturalization was not supported by sufficient evidence of a lack of good moral character.

Plaintiff's motion for summary judgment was granted, and defendant's cross-motion for summary judgment was denied because the court could not find that plaintiff's failure to satisfy or set aside the default judgment was sufficient ground to find that plaintiff lacked good moral character.

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