United States District Court, N.D. Illinois, Eastern Division
R. PETTY, Counsel for National Security Counsel for Plaintiff
United States of America.
ABUZIR Khalaf & Abuzir, LLC Counsel for Defendant
JOINT MOTION FOR CONSENT JUDGMENT OF
E. CHANG, JUDGE
United States of America (“Plaintiff”) and
Feyifunmi Sangoleye (“Defendant”), by and through
their respective counsel, jointly move this Court to enter
the attached proposed Consent Judgment of Denaturalization.
This motion is supported by Defendant's admission to, and
acknowledgment of the truth of, the allegations contained the
Complaint to Revoke Naturalization. See Complaint
(“Compl.”), ECF No. 1.
summary, Defendant admits that in July 2013 she pleaded
guilty in the United States District Court for the Northern
District of Illinois to one count of theft of government
funds in violation of 18 U.S.C. § 641. Id.
¶ 19-21. Defendant's employer, Northwestern
University, held certain funds as a National Institutes of
Health grant recipient. Through an entity called ATSDATA,
Defendant fraudulently billed Northwestern University's
account holding these federal funds for work that was never
performed and converted that money to her own use. See
Id. ¶ 43.
February 7, 2007, Defendant filed a Form N-400, Application
for Naturalization (“Naturalization
Application”). Id. ¶ 9. At her
naturalization interview on July 10, 2007, Defendant provided
false testimony that she had never committed a crime or
offense for which she had not been arrested. Id.
¶¶ 11, 33-37. Defendant was sent a Notice of
Naturalization Oath Ceremony (“Notice”) which
indicated her naturalization ceremony would take place on
August 16, 2007. Id. ¶ 14. The Notice inquired
about events that happened after Defendant was interviewed in
connection with her Naturalization Application. Id.
¶ 15. In response to the question “Have you
knowingly committed any crime or offense, for which you have
not been arrested?” Defendant checked the box marked
“No.” Id. ¶ 28. That response was
false based on the timing of the conduct underlying
Defendant's conviction. See Id. ¶ 21 &
Ex. B at 2, 4-5. Instead, Defendant had stolen $33, 500 of
government funds by August 16, 2007, the date she swore to
the responses on her Notice and took the oath to become a
United States citizen. Id. ¶¶ 14, 16-17.
She was issued Certificate of Naturalization No. 30723832.
Id. ¶ 17.
eligible for naturalization, an applicant must generally show
that she has been a person of good moral character for the
five-year statutory period before she files her
naturalization application, and until the time she becomes a
naturalized United States citizen. 8 U.S.C. § 1427(a).
An applicant for naturalization is statutorily barred from
showing that she is a person of good moral character if she
committed a crime involving moral turpitude during the
statutory period, and is later convicted of the crime or
admits to its essential elements. Id. §
1101(f)(3) (cross-referencing 8 U.S.C. § 1182(a)(2)(A));
8 C.F.R. § 316.10(b)(2)(i) (providing that an applicant
“shall be found to lack good moral character” if,
for example, he committed and was convicted of one or more
crimes involving moral turpitude). Similarly, an applicant
for naturalization lacks the requisite good moral character
if she committed unlawful acts adversely reflecting upon her
moral character during the statutory period and cannot
establish that extenuating circumstances exist. See
8 C.F.R § 316.10(b)(3)(iii); 8 U.S.C. § 1101(f).
U.S.C. § 1451(a), this Court must revoke Defendant's
naturalization and cancel her Certificate of Naturalization
if her naturalization was either illegally procured, or
procured by concealment of a material fact or willful
misrepresentation. Defendant admits that her naturalization
was illegally procured because at the time she naturalized
she had provided false testimony for the purpose of obtaining
an immigration benefit, see Compl. ¶¶
30-39 (“Count I”); committed a crime involving
moral turpitude, see Id. ¶¶ 40-46
(“Count II”); and committed an unlawful act
during the statutory period for which she cannot establish
extenuating circumstances, see Id. ¶¶
47-54 (“Count III”). Defendant further admits
that she procured her United States citizenship by willfully
misrepresenting and concealing her criminal conduct. See
Id. ¶¶ 55-62 (“Count IV”).
light of the facts alleged in the Complaint, which she admits
as true, Defendant, having fully discussed the case with her
counsel, agrees with Plaintiff that denaturalization is
proper and does not wish to further contest denaturalization
on the terms to which the parties have agreed in their
separate Settlement Agreement.
Plaintiff and Defendant move this Court for an order
providing the relief requested in the attached Proposed
Parties also jointly request the Court to set a hearing for
approximately 21 days from the date of the Judgment, at which
Defendant must demonstrate that she has complied with the
Judgment, unless the United States provides notice prior to