Friday, February 23, 2018

Department of Justice Files Complaint to Denaturalize Diversity Visa Recipient Who Obtained Naturalized Citizenship After Failing to Disclose Two Prior Orders of Removal

From USCIS News:

The Department of Justice yesterday filed a complaint in the Eastern District of Michigan to revoke the naturalized U.S. citizenship of Humayun Kabir Rahman fka Md Humayun Kabir Talukder aka Ganu Miah aka Shafi Uddin. The case was referred to the Department of Justice by U.S. Citizenship and Immigration Services (USCIS) and identified as a part of Operation Janus (PDF).

The complaint alleges Humayun Kabir Rahman arrived in the United States in February 1992 at John F. Kennedy International Airport, claiming his true name was Ganu Miah while in possession of a passport that did not belong to him. He was paroled into the United States so he could seek asylum, and his application was referred to the immigration court where an immigration judge ordered him removed in 1998. In 1994, while Ganu Miah’s proceeding was underway, Rahman sought asylum under a different name, Shafi Uddin. That application was also referred to the immigration court, and he was ordered to be removed in 1997. Later in 1997, using his third identity, Md Humayun Kabir Talukder, Rahman applied for and received an immigrant visa through the diversity visa program, claiming he had entered the United States by car from Canada. In 2004, he applied for and was granted permanent resident status, which he ultimately used to become a naturalized U.S. citizen in 2004. Throughout his immigration and naturalization proceedings, Rahman concealed that he had twice been ordered removed and lied about his identity and immigration history under oath. Rahman was also never lawfully admitted to the permanent resident status upon which he naturalized.

“As our country’s leaders debate the future of our immigration system, this alleged case of a decade of defrauding the United States to obtain citizenship is particularly alarming,” said Acting Assistant Attorney General Chad A. Readler for the Justice Department’s Civil Division. “In this instance, the suspect allegedly lied to the government as he twice sought to secure asylum under different identities, but was rebuffed and ordered removed both times before being randomly selected for a diversity visa.  While the United States Senate assesses whether to continue the diversity visa program, the Justice Department will find the program’s fraudsters and hold them to account, to protect our national security.”

"This case illustrates the kind of fraud that we have discovered, and I hope today’s announcement sends a clear message that attempting to fraudulently obtain U.S. citizenship will not be tolerated," USCIS Director Francis Cissna said in a statement. "We are grateful to our partners who are working to bring these cases to justice and protect the integrity of our immigration system."

This case was investigated by USCIS and the Civil Division’s Office of Immigration Litigation, District Court Section (OIL-DCS). The case is being prosecuted by OIL-DCS’s National Security and Affirmative Litigation Unit (NS/A Unit), with support from USCIS Office of the Chief Counsel, Central Law Division.

The claims made in the complaint are allegations only, and there have been no determinations of liability.

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