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Keywords

motionsummary judgmentwillprobationnaturalizationmotion for summary judgment
motionsummary judgmentwillprobationnaturalizationmotion for summary judgment

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Rebelo; U.S. v.

Facts

Marco Paulo Rebelo immigrated to the United States in 1981 and later faced criminal charges after an incident involving police on May 14, 1995, where he was charged with aggravated assault on a police officer. While on probation for this conviction, he applied for naturalization, misrepresenting his criminal history on the application. The INS later discovered his criminal history and initiated denaturalization proceedings against him.

Marco Paulo Rebelo immigrated to the United States in 1981 and later faced criminal charges after an incident involving police on May 14, 1995, where he was charged with aggravated assault on a police officer. While on probation for this conviction, he applied for naturalization, misrepresenting his criminal history on the application. The INS later discovered his criminal history and initiated denaturalization proceedings against him.

Issue

Did Rebelo's conviction for third-degree aggravated assault on a police officer involve moral turpitude, thereby rendering his naturalization void?

Did Rebelo's conviction for third-degree aggravated assault on a police officer involve moral turpitude, thereby rendering his naturalization void?

Rule

A conviction for a crime involving moral turpitude can bar an individual from naturalization under federal law, and naturalization can be revoked if it was obtained through willful misrepresentation of material facts.

A conviction for a crime involving moral turpitude can bar an individual from naturalization under federal law, and naturalization can be revoked if it was obtained through willful misrepresentation of material facts.

Analysis

The court analyzed Rebelo's conviction under New Jersey law and determined that it constituted a crime involving moral turpitude. The court also found that Rebelo's misrepresentation of his criminal history on his naturalization application was willful and material, justifying the revocation of his naturalization.

The court analyzed Rebelo's conviction under New Jersey law and determined that it constituted a crime involving moral turpitude. The court also found that Rebelo's misrepresentation of his criminal history on his naturalization application was willful and material, justifying the revocation of his naturalization.

Conclusion

The court granted the Government's motion for summary judgment, revoked Rebelo's order of naturalization, and canceled his certificate of naturalization.

The court granted the Government's motion for summary judgment, revoked Rebelo's order of naturalization, and canceled his certificate of naturalization.

Who won?

The United States Government prevailed in the case because the court found that Rebelo's conviction involved moral turpitude and that he had willfully misrepresented his criminal history.

The United States Government prevailed in the case because the court found that Rebelo's conviction involved moral turpitude and that he had willfully misrepresented his criminal history.

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