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Keywords

defendantmotionsummary judgmentbailcitizenshipnaturalizationmotion for summary judgment
defendantmotionsummary judgmentbailcitizenshipnaturalizationmotion for summary judgment

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United States v. Lekarczyk

Facts

Defendant Zdzislaw Lekarczyk, a native of Poland, became a lawful permanent resident on January 21, 1990, and applied for naturalization on March 18, 1995. He was approved for naturalization on June 18, 1996, and took the oath of allegiance on July 9, 1996. However, prior to his application, he was arrested for forgery-uttering and later for bail jumping. He was convicted of these crimes and bank fraud, which occurred before his naturalization application, and the court found these unlawful acts reflected adversely on his moral character.

Defendant Zdzislaw Lekarczyk, a native of Poland, became a lawful permanent resident on January 21, 1990, and applied for naturalization on March 18, 1995. He was approved for naturalization on June 18, 1996, and took the oath of allegiance on July 9, 1996. However, prior to his application, he was arrested for forgery-uttering and later for bail jumping. He was convicted of these crimes and bank fraud, which occurred before his naturalization application, and the court found these unlawful acts reflected adversely on his moral character.

Issue

Whether the defendant lacked good moral character during the statutory period required for naturalization under 8 U.S.C.S. 1427(a) due to his unlawful acts.

Whether the defendant lacked good moral character during the statutory period required for naturalization under 8 U.S.C.S. 1427(a) due to his unlawful acts.

Rule

A person wishing to obtain United States citizenship under 8 U.S.C. 1427(a) must show good moral character during the five-year period preceding application for naturalization. If the applicant committed unlawful acts during this period, they shall be found to lack good moral character unless they can establish extenuating circumstances.

A person wishing to obtain United States citizenship under 8 U.S.C. 1427(a) must show good moral character during the five-year period preceding application for naturalization. If the applicant committed unlawful acts during this period, they shall be found to lack good moral character unless they can establish extenuating circumstances.

Analysis

The court applied the rule by examining the defendant's criminal history, which included forgery-uttering, bail jumping, and bank fraud. The court determined that these acts constituted unlawful acts that reflected adversely on his moral character. The defendant's failure to provide evidence of extenuating circumstances further supported the conclusion that he lacked good moral character during the statutory period.

The court applied the rule by examining the defendant's criminal history, which included forgery-uttering, bail jumping, and bank fraud. The court determined that these acts constituted unlawful acts that reflected adversely on his moral character. The defendant's failure to provide evidence of extenuating circumstances further supported the conclusion that he lacked good moral character during the statutory period.

Conclusion

The court granted the Government's motion for summary judgment, revoking the defendant's United States citizenship and all rights and privileges attached to it.

The court granted the Government's motion for summary judgment, revoking the defendant's United States citizenship and all rights and privileges attached to it.

Who won?

The United States prevailed in the case because it successfully demonstrated that the defendant committed unlawful acts that reflected adversely on his moral character, making him ineligible for naturalization.

The United States prevailed in the case because it successfully demonstrated that the defendant committed unlawful acts that reflected adversely on his moral character, making him ineligible for naturalization.

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