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Keywords

statutetestimonydeportationnaturalizationsustained
statutedeportationnaturalizationsustained

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Tieri v. Immigration and Naturalization Service

Facts

Born in Italy in 1904, petitioner has resided continuously in the United States since his lawful admission for permanent residence at the age of seven. He has been married to an American citizen since 1929. Deportation proceedings instituted against petitioner by the Immigration and Naturalization Service in 1961 were terminated in 1966, whereupon petitioner applied for naturalization pursuant to 8 U.S.C. 1427(a). Petitioner's application listed six arrests between 1922 and 1959, two of which resulted in convictions, for robbery in 1922, and for bookmaking in 1946. The record of the deportation proceeding revealed that prior to 1953 petitioner had maintained an adulterous relationship with one Mrs. Musso, who bore him two children.

Born in Italy in 1904, petitioner has resided continuously in the United States since his lawful admission for permanent residence at the age of seven. He has been married to an American citizen since 1929. Deportation proceedings instituted against petitioner by the Immigration and Naturalization Service in 1961 were terminated in 1966, whereupon petitioner applied for naturalization pursuant to 8 U.S.C. 1427(a). Petitioner's application listed six arrests between 1922 and 1959, two of which resulted in convictions, for robbery in 1922, and for bookmaking in 1946. The record of the deportation proceeding revealed that prior to 1953 petitioner had maintained an adulterous relationship with one Mrs. Musso, who bore him two children.

Issue

Whether the petitioner sustained the burden of establishing good moral character during the five years immediately preceding the filing of the petition for naturalization.

Whether the petitioner sustained the burden of establishing good moral character during the five years immediately preceding the filing of the petition for naturalization.

Rule

The court shall not be limited to petitioner's conduct during the five years preceding the filing of the petition, but may take into consideration the petitioner's conduct and acts at any time prior to that period.

the court shall not be limited to petitioner's conduct during the five years preceding the filing of the petition, but may take into consideration . . . the petitioner's conduct and acts at any time prior to that period.

Analysis

The court analyzed in detail six specific areas of inquiry before the designated examiner in the light of the undisputed principle that the burden to prove his good moral character rested on petitioner, with any doubts to be resolved against him, and found a 'pattern of untruth and evasion' mandating denial of the petition. The court was persuaded that petitioner persistently attempted to obscure any past conduct which he feared might prove suspicious or embarrassing to his cause, and that the district court was not mistaken in discerning a pattern of deception in the whole mosaic of petitioner's testimony.

The district court analyzed in detail six specific areas of inquiry before the designated examiner in the light of the undisputed principle that the burden to prove his good moral character rested on petitioner, with any doubts to be resolved against him, and found a 'pattern of untruth and evasion' mandating denial of the petition.

Conclusion

The court affirmed the order denying petitioner's request for naturalization, finding that petitioner's moral character did not meet the standard set forth by statute as he was arrested six times, convicted twice, and had an adulterous relationship.

The court affirmed the order denying petitioner's request for naturalization, finding that petitioner's moral character did not meet the standard set forth by statute as he was arrested six times, convicted twice, and had an adulterous relationship.

Who won?

The Immigration and Naturalization Service prevailed in the case as the court upheld the denial of the petitioner's naturalization request based on his failure to demonstrate good moral character.

The Immigration and Naturalization Service prevailed in the case as the court upheld the denial of the petitioner's naturalization request based on his failure to demonstrate good moral character.

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