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statuteprecedentfelonynaturalizationcase law
willregulationfelonynaturalization

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Reyes-Alcaraz v. Ashcroft

Facts

Manuel Reyes-Alcaraz entered the United States as a lawful permanent resident in 1963 and served in the U.S. Army from 1972 to 1974, taking a military oath. He was honorably discharged in 1978 but later faced legal issues, including a felony conviction for exhibiting a deadly weapon to a police officer in 1996. Following this conviction, the Immigration and Naturalization Service initiated removal proceedings against him, leading to the immigration judge's ruling that he was removable as an alien who committed an aggravated felony.

Petitioner entered the United States as a lawful permanent resident in 1963. In 1968, he submitted an application for a Declaration of Intention to become a United States citizen. The district court issued the requested declaration, but Petitioner failed to complete the naturalization process, either then or later. From 1972 to 1974, Petitioner served in the United States Army. Upon joining, he filled out an enlistment form, as part of which he signed the following written oath: I, ____________, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice. So help me God.

Issue

Whether Reyes-Alcaraz is a national of the United States for purposes of the Immigration and Nationality Act, and whether his conviction constitutes an aggravated felony that renders him removable.

Whether Reyes-Alcaraz is a national of the United States for purposes of the Immigration and Nationality Act, and whether his conviction constitutes an aggravated felony that renders him removable.

Rule

Service in the armed forces and taking the military oath does not change an alien's status to that of a 'national' under the Immigration and Nationality Act. Additionally, exhibiting a deadly weapon with the intent to resist arrest qualifies as an 'aggravated felony' under the relevant statutes.

We hold that service in the armed forces of the United States, along with the taking of the standard military oath, does not alter an alien's status to that of a 'national' within the meaning of the Immigration and Nationality Act ('INA') and, therefore, does not distinguish Petitioner's situation from the one we addressed in Perdomo-Padilla v. Ashcroft, 333 F.3d 964 (9th Cir. 2003), cert. denied, 157 L. Ed. 2d 887, 124 S. Ct. 1041 (2004). We also hold that exhibiting a deadly weapon with the intent to resist arrest, in violation of California Penal Code 417.8, is a 'crime of violence,' 18 U.S.C. 16, which therefore qualifies as an 'aggravated felony' under 8 U.S.C. 1101(a)(43)(F).

Analysis

The court applied the rule by determining that Reyes-Alcaraz's military service and oath did not grant him national status, as established in prior case law. The court also found that his conviction for exhibiting a deadly weapon met the criteria for an aggravated felony, thus affirming his removability. The court emphasized that the legal definitions and precedents clearly indicated that mere military service does not alter an individual's immigration status.

By rejecting the statutory argument that one can become a 'national' under the INA by demonstrating 'permanent allegiance' through some act other than full naturalization, Perdomo-Padilla precludes Petitioner's argument that signing the military oath and serving in the Army–or any other demonstration of 'permanent allegiance' short of full naturalization–are sufficient to make him a United States national.

Conclusion

The Ninth Circuit dismissed Reyes-Alcaraz's petition for review, affirming the immigration judge's decision that he was removable due to his aggravated felony conviction.

The petition was dismissed.

Who won?

The Immigration and Naturalization Service prevailed in the case, as the court upheld the removal order based on Reyes-Alcaraz's status as an alien and his conviction for an aggravated felony.

The Immigration and Naturalization Service prevailed in the case, as the court upheld the removal order based on Reyes-Alcaraz's status as an alien and his conviction for an aggravated felony.

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