April 15, 2019
from the United States District Court for the Northern
District of Illinois, Eastern Division. No.
l:17-cv-08423-Matthew F. Kennelly, Judge.
Wood, Chief Judge, and Bauer and St. Eve, Circuit Judges.
Eve, Circuit Judge.
years after Eleazar Corral Valenzuela (Corral) was convicted
of aggravated criminal sexual abuse of a minor family member
in Illinois state court, the United States filed a civil
complaint to revoke his naturalized citizenship and cancel
his certificate of naturalization. 8 U.S.C. § 1451(a).
The district court granted the government judgment on the
pleadings, see Fed. R. Civ. P. 12(c), after
dismissing Corral's affirmative defenses. We affirm.
a native of Mexico, was admitted to the United States as a
lawful permanent resident in 1994. In January 1999, he
applied for naturalization, and he became a United States
citizen in June 2000.
after, a grand jury in Kane County, Illinois indicted Corral
on seven counts of aggravated criminal sexual abuse. Less
than five months after becoming a United States citizen,
Corral pleaded guilty to one count of the indictment, which
On or about June 9, 1998 through February 26, 2000, Eleazar
Corral committed the offense of Aggravated Criminal Sexual
Abuse, Class 2 Felony in violation of Chapter 720, Section
5/12-16(b) of the Illinois Compiled Statutes, as amended, in
that said defendant committed an act of sexual conduct with
[redacted] in that the defendant knowingly touched the vagina
of [redacted] for the purpose of the sexual gratification of
was convicted under Illinois's aggravated criminal sexual
abuse statute, 720 ILCS 5/12-16(b), which at the time of his
The accused commits aggravated criminal sexual abuse if he or
she commits an act of sexual conduct with a victim who was
under 18 years of age when the act was committed and the
accused was a family member.
2017, the United States filed a five-count civil complaint
seeking to revoke Corral's citizenship on the grounds
that he obtained his citizenship illegally and by willful
misrepresentation or concealment of a material fact.
See 8 U.S.C. § 1451(a). We focus on the first
count of the government's complaint, which alleged that
Corral lacked good moral character because he committed a
crime involving moral turpitude within the statutory period.
See 8 U.S.C. § 1427(a)(3); 8 C.F.R. §
316.10(a)(1). In other words, the government sought to revoke
Corral's citizenship based on his failure to comply with
a statutory prerequisite for naturalization, namely, having
good moral character during the five years preceding his
application for citizenship until the time he took the oath
of allegiance to the United States. See Fedorenko v.
United States, 449 U.S. 490, 506 (1981) ("Failure
to comply with any of these conditions renders the
certificate of citizenship 'illegally procured,' and
naturalization that is unlawfully procured can be set
filed an answer and a motion to dismiss/strike seeking
discovery and an evidentiary hearing. Around the same time,
the United States filed its motion for judgment on the
pleadings. The district court denied Corral's motion and
granted the government's motion with respect to the first
count of the complaint. The district court dismissed the