Federal Complaint Against Ghassan Zebdaoui

Case 8:09-cv-02290-VMC-EAJ

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA

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UNITED STATES OF AMERICA, Civil Action No. Plaintiff,

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COMPLAINT TO REVOKE NATURALIZATION

v. GHASSAN MOHAMMED ZEBDAOUI, Defendant.

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I.

JURISDICTION AND VENUE 1. This is an action under section 340(a) of the Immigration and Nationality Act

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(“INA”), 8 U.S.C. § 1451(a), to revoke and set aside the order admitting Ghassan

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Mohammed Zebdaoui (“Defendant”) to citizenship, and to cancel Defendant’s Certificate of

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Naturalization. 2. The affidavit of Jose L. Rodriguez, Special Agent for United States Immigration

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and Customs Enforcement (“ICE”) in the Department of Homeland Security (“DHS”),

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showing good cause for this action, as required by section 340(a) of the INA, 8 U.S.C.

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§ 1451(a), is attached as Exhibit A. 3. Plaintiff is the United States of America, and this Court has jurisdiction pursuant

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to 28 U.S.C. §1345. 4. Defendant, who was born in Lebanon, is a naturalized United States citizen whose

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last known residence is in Winter Haven, Florida. Venue is therefore proper in this district.

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8 U.S.C. § 1451(a).

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II.

FACTS

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A.

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5. On or about August 30, 1979, Defendant entered the United States on an F-1

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Criminal and Deportation History

student visa, under the name Ghassan Mohammad Zebdawi.

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6. While a student at Michigan State University, Defendant was arrested for assault

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and battery, entry without permission, and “malicious use of service provided by

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telecommunications service provider” on April 24, 1981.

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7. On May 11, 1981, Defendant pled guilty to the crime of “malicious use of service

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provided by telecommunications provider.” The assault and battery, and entry without

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permission charges were dismissed. Defendant was placed on probation and received a six-

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month deferred sentence.

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8. On or about May 28, 1981, Defendant was arrested for violating the terms of his probation. Defendant was sentenced to thirty days in jail for this violation. 9. Defendant’s student status was terminated on May 29, 1981, as a result of his thirty-day jail sentence and his criminal misconduct. 10. Defendant was consequently placed into deportation proceedings before an

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Immigration Judge, and he was ordered deported. Defendant was physically deported to

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Lebanon on June 30, 1981.

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B.

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11. Using the assumed name Nouhad Afif Koleilat, Defendant illegally re-entered the

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Illegal Re-entry and Adjustment of Status

United States on December 29, 1983. 12. Using the name Nouhad Afif Koleilat, on or about August 15, 1985, Defendant

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filed a Form I-485 Application for Status as Permanent Resident (“Form I-485 Application”),

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based on his marriage to a United States citizen.

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13. Question 17 of the Form I-485 Application asked whether the Defendant had

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ever “been arrested, convicted or confined in a prison[?]” Defendant answered that he “ha[d]

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not” been arrested, convicted, or confined. This answer was patently false.

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14. Question 20 of the Form I-485 Application asked whether the Defendant had, “at

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any time [] been deported from the United States[?]” Defendant answered “No” to this

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question. This answer was patently false.

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15. On August 20, 1985, an Immigration and Naturalization Service (“INS”) Officer

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interviewed Defendant under oath regarding the answers he gave in his Form I-485

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Application. At this interview, Defendant both orally swore, and signed a sworn statement,

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averring that the contents of his Form I-485 Application were true.

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16. On the basis of the answers he gave in his Form I-485 Application interview, and

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the information he gave in his written application, the INS (now the Department of

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Homeland Security or “DHS”) approved Defendant’s Form I-485 Application on or about

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October 29, 1985.

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17. Defendant thereafter legally changed his name to Ghassan Mohammed Zebdaoui on August 24, 1986.

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C.

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18. Defendant signed his Form N-400 Application to File Petition for Naturalization

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(“Form N-400 Application”) on November 26, 1990. Defendant later filed this Form N-400

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Application with the INS.

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Naturalization Proceedings

19. Question 29(b) of the Form N-400 Application asked whether the Defendant had

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ever “been arrested, cited, charged, indicted, convicted, fined or imprisoned for breaking or

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violating any law or ordinance, including traffic regulations?” Defendant answered “Yes” to

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this question. However, when asked to give details about the qualifying incidents,

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Defendant only listed three minor traffic citations, and failed to reveal his previous

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conviction for “malicious use of service provided by telecommunications service provider.”

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Defendant also failed to indicate that he was previously arrested for both assault and battery,

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and entry without permission.

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20. Question 38 of the Form N-400 Application asked whether the Defendant had

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“ever been deported or ordered deported[?]” Defendant answered “No” to this question.

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This answer was patently false.

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21. On August 5, 1991, INS Officer John Baker interviewed Defendant under oath regarding the Form N-400 Application. At this interview, Defendant both orally swore, and 3

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signed a sworn statement, averring that the contents of his Form N-400 Application were

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true.

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22. During the course of his Form N-400 Application interview with Officer Baker,

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Defendant testified under oath that he had never been arrested, indicted, or convicted of any

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crime. He also testified that he had never been ordered deported from the United States.

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These assertions, under oath, were both patently false.

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23. Question 52 of the Form N-400 Application asks whether the Defendant had ever

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“given false testimony for the purpose of obtaining any benefits under [the Immigration and

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Nationality] Act?” Defendant answered “No” to this question. This assertion, under oath,

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was also patently false.

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24. On the basis of the answers he gave in his Form N-400 Application interview, and

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the information he gave in his written application, the INS approved Defendant’s Form

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N-400 Application on or about November 6, 1991.

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25. Defendant took the oath of allegiance on December 12, 1991, and he was admitted as a citizen of the United States on that date.

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III.

THE DENATURALIZATION STATUTE 26. Under section 340(a) of the INA, 8 U.S.C. § 1451(a), Defendant’s naturalization

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must be revoked and his Certificate of Naturalization must be canceled if his naturalization

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was either:

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(a)

illegally procured, or

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(b)

procured by concealment of a material fact or by willful misrepresentation.

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COUNT I Defendant Illegally Procured His Naturalization Because He Was Not A Lawfully Admitted Permanent Resident of the United States.

3 27. Plaintiff realleges and incorporates by reference paragraphs 1 through 26 of this 4 Complaint. 5 28. To be eligible for naturalization, an alien must be lawfully admitted to the United 6 States for permanent residence in accordance with all applicable provisions of the INA. INA 7 § 318; 8 U.S.C. § 1429. 8 29. At the time of Defendant’s re-entry, an alien who had been previously deported from 9 the United States was inadmissible for immigration purposes if he sought admission back into 10 the country within five years of the date of his removal.

INA

§ 212(a)(17); 8 U.S.C.

11 § 1182(a)(17) (1982) (current version at 8 U.S.C. § 1182(a)(9)(A)(ii)(I)). 12 30. As set forth in paragraph 10, Defendant was removed from the United States and 13 deported to Lebanon on June 30, 1981. 14 31. As set forth in paragraph 11, Defendant illegally re-entered the United States on 15 December 29, 1983 – less than five years after the date of his removal. 16 32. Because Defendant was inadmissible under INA § 212, he was ineligible to adjust 17 his status to lawful permanent resident in 1985. INA § 318; 8 U.S.C. § 1429. 18 33. Because he was not a lawfully admitted permanent resident of the United States, 19 Defendant was not eligible for naturalization. Defendant therefore illegally procured his 20 naturalization when he took the oath of allegiance on December 12, 1991, and his naturalization 21 must be revoked, as provided for by section 340(a) of the INA, 8 U.S.C. § 1451(a). 22 23 24 25 26 27 28

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COUNT II

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Defendant Illegally Procured His Naturalization by Giving False Testimony Under Oath For the Purpose of Obtaining Immigration Benefits, Precluding Him from Showing the Requisite Good Moral Character Necessary for Naturalization.

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34. Plaintiff realleges and incorporates by reference paragraphs 1 through 33 of this

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Complaint.

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35. To be eligible for naturalization, an applicant must show that he has been a person

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of good moral character for the five-year statutory period before he files his Form N-400

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Application, until the time he becomes a naturalized United States citizen. INA § 316(a)(1), 8

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U.S.C. § 1427(a)(3).

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36. Under INA §101, any person who gives false testimony, under oath, for the purpose

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of obtaining any immigration benefits, is precluded from establishing that he is a person of good

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moral character. INA § 101(f)(6); 8 U.S.C. § 1101(f)(6).

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37. As set forth in paragraphs 12 through 16, Defendant’s Form I-485 Application was

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approved on the basis of the answers he gave, under oath, in his interview, and the information

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he provided in his written application.

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38. As set forth in paragraphs 6 and 7, Defendant had been previously arrested for, and

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convicted of, “malicious use of service provided by telecommunications provider” in 1981.

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Defendant had also been arrested for assault and battery, and entry without permission.

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Defendant therefore gave false testimony for the purpose of obtaining benefits under the INA

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when he testified, under oath during his Form I-485 Application interview, that he had never

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been arrested, convicted or confined in a prison.

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39. As set forth in paragraph 10, Defendant was deported from the United States in 1981.

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Defendant therefore gave false testimony for the purpose of obtaining benefits under the INA

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when he testified, under oath during his Form I-485 Application interview, that he had never

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been ordered deported from the United States.

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40. As set forth in paragraphs 18 through 24, Defendant’s Form N-400 Application was

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approved on the basis of the answers he gave, under oath, in his Form N-400 Application

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interview, and the information contained in his written application.

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41. As set forth in paragraphs 6 and 7, Defendant had been previously arrested for, and

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convicted of, “malicious use of service provided by telecommunications provider” in 1981.

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Defendant had also been arrested for assault and battery, and entry without permission.

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Defendant therefore gave false testimony for the purpose of obtaining benefits under the INA

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when he testified, under oath during his Form N-400 Application interview, that he had never

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been arrested for, or convicted of, these crimes.

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42. As set forth in paragraph 10, Defendant was deported from the United States in 1981.

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Defendant therefore gave false testimony for the purpose of obtaining benefits under the INA

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when he testified, under oath during his Form N-400 Application interview, that he had never

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been ordered deported from the United States.

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43. As a person ineligible to naturalize for lack of good moral character, Defendant

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illegally procured his naturalization. Defendant’s naturalization must be revoked, as provided

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for by section 340(a) of the INA, 8 U.S.C. § 1451(a).

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Defendant Procured His Naturalization Through Willful Misrepresentation and Concealment of Material Facts.

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44. Plaintiff realleges and incorporates by reference paragraphs 1 through 43 of this

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Complaint.

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45. As set forth in paragraph 19, Defendant stated in his Form N-400 Application

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that, aside from receiving three minor traffic citations, he had never “been arrested, cited,

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charged, indicted, convicted, fined or imprisoned for breaking or violating any law or

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ordinance.” This statement was patently false.

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46. As set forth in paragraph 20, Defendant stated in his Form N-400 Application that

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he had never “been deported or ordered deported” from the United States. This statement

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was also patently false.

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47. As set forth in paragraphs 6 and 7, Defendant had been previously arrested for,

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and convicted of, “malicious use of service provided by telecommunications provider” in

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1981. Defendant had also been arrested for assault and battery, and entry without

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permission.

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48. As set forth in paragraph 10, Defendant was deported from the United States in 1981.

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49. As set forth in paragraph 21, Defendant provided these statements in his written

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application, and then swore that all of the statements in his Form N-400 Application were

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true.

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50. Defendant made these misrepresentations knowing they were false and misleading. Accordingly, Defendant made these misrepresentations willfully.

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51. Defendant’s misrepresentations were material to his Form N-400 Application

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because they would have had the natural tendency to influence INS’s decision whether to

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approve his application.

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52. Defendant thereby procured his naturalization by willful misrepresentation and

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concealment of material facts. Because Defendant procured his naturalization by willful

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misrepresentation and concealment of material facts, his naturalization must be revoked, as

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provided by section 340(a) of the INA, 8 U.S.C. § 1451(a).

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