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Katarzyna Toomey v. U.S. Department of Homeland Security

July 2, 2012

KATARZYNA TOOMEY, PLAINTIFF,
v.
U.S. DEPARTMENT OF HOMELAND SECURITY, DEFENDANT.



The opinion of the court was delivered by: Matthew F. Kennelly, District Judge:

MEMORANDUM OPINION AND ORDER

Plaintiff Katarzyna Toomey has petitioned the Court pursuant to 8 U.S.C. § 1421(c) to review the denial of her application for naturalization. The United States Department of Homeland Security (DHS) has moved to dismiss for failure to state a claim upon which relief can be granted. For the reasons stated below, the Court grants DHS's motion.

Background

The following facts are taken from Toomey's complaint and the attached appendices.

1. Toomey's initial entry into the United States and her trip to Mexico in 1995

On December 24, 1992 Toomey came to the United States on a visitor's visa from Poland. Compl. ¶ 6. In the fall of 1995, Toomey went to visit a boyfriend in California, and they decided to drive to Mexico. Shortly after crossing the border, they decided to return home. Upon attempting to re-enter the United States, Border Control personnel requested the couple's IDs and green cards. Toomey did not have a green card and informed the agent that she was from Poland. The agent requested her passport, but Toomey did not have it with her. The agent confiscated their vehicle, returned their bags, and refused them entry into the United States. Id. ¶ 8.

Toomey remained in Mexico for about a week. She then attempted, with the aid of others, to climb a fence to re-enter the U.S. Id. ¶ 9. She was injured and ultimately arrested by the Border Patrol. Id. ¶ 10 & App'x at 7. When questioned by Border Patrol agents, Toomey provided a false name (Kasia Monika Zalewska), birth date and story. Id. ¶ 11. The Border Patrol refused her request to return to Mexico. Instead, she was fingerprinted and told to report to an immigration judge in San Diego. Rather than doing so, however, Toomey returned to Chicago. Id. ¶ 11.

2. Toomey's application for permanent residence

In 1998, three years after her trip to Mexico, Toomey filed an I-130 petition pursuant to section 201(b) of the Immigration and Nationality Act ("the Act") seeking classification as the spouse of United States citizen William Toomey. She also filed an I-485 Application to Register Permanent Residence or Adjust Status pursuant to section 245(a) of the Act. Compl. ¶ 12 & App'x at 3.

On her I-485 application, Toomey falsely stated that her last date of entry into the U.S. was in 1992 in Chicago (as a visitor) and that she had not departed the U.S. after that date. Compl. ¶ 12 & App'x at 7. In connection with her application, Toomey also provided sworn testimony stating the same 1992 date of arrival. Id. When asked whether she ". . . by fraud or willful misrepresentation of a material fact, ever sought to procure . . . entry into the U.S., or any other immigration benefit?," Toomey answered "No" and did not disclose the names she had used or her immigration-related arrest in connection with her return from Mexico. Id. Toomey has conceded that these statements were false. Compl. ¶¶ 12 & 23.

On April 25, 2003, Toomey's application for permanent residence status was approved, and she became a permanent resident. Id. ¶ 13.

3. Toomey's naturalization application

In September 2008, Toomey filed a N-400 Application for Naturalization. Id. ¶ 14. U.S. Citizenship and Immigration Services (USCIS) informed Toomey that she would be required to appear for an interview on January 29, 2009 as part of the application process. During this interview, Toomey admitted that she had provided false answers and had failed to disclose her 1995 departure from the U.S. on her application and during her interview for permanent resident status. Toomey was questioned extensively about the Mexico incident described earlier. According to Toomey, the interviewing officer stated that the Mexico incident was on file and would have been on file during her interview for permanent residence status. Toomey was informed that she would have to wait for a decision regarding her naturalization application. Id. ¶ 15.

USCIS conducted an additional interview of Toomey later in 2008 and again questioned her extensively about the Mexico trip. Toomey was again told that a decision had not yet been made regarding ...


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