United States District Court, D. Kansas
MEMORANDUM AND ORDER
MURGUIA UNITED STATES DISTRICT JUDGE.
United States of America brought this denaturalization
action, seeking to revoke and set aside defendant Ernest
Njagi Muthara's citizenship and cancel his Certificate of
Naturalization. The court conducted a bench trial in May
2017. The court is now prepared to issue its Findings of Fact
and Conclusions of law.
Defendant's Background and Lawful Permanent Resident
1970: Defendant was born in Kenya.
1994-95: Defendant married a citizen of Kenya, Rahab
Wanjiku Kamau, and had a son with her there.
January 4, 2003: Defendant married Quiana Marie
Williams, a United States citizen, in Kansas City, Missouri.
At the time of defendant's marriage to Williams and
throughout all relevant periods of defendant's
immigration proceedings, defendant remained married to Kamau.
April 3, 2003: Williams filed Form I-130 (Petition
for Alien Relative) on behalf of defendant to classify him as
her spouse for immigration purposes. In that form, Williams
indicated that defendant had previously been married to
Kamau, but that the marriage had ended on November 12, 2001.
Defendant also submitted a fraudulent Kenyan divorce decree
in support of Form I-130. At the time defendant submitted the
divorce decree, he knew it was fraudulent.
April 3, 2003: Defendant concurrently filed Form
I-485 (Application to Register Permanent Residence or Adjust
Status), to become a conditional lawful permanent United
States resident based on his marriage. On that form,
defendant indicated under penalty of perjury that he had not
“by fraud or willful misrepresentation of a material
fact, ever sought to procure, or procured, a visa, other
documentation, entry into the U.S., or any other immigration
benefit.” In connection with this form, defendant
submitted a Form G-325A (Biographic Information Sheet).
There, defendant listed Kamau as a former wife, indicating
that the marriage was terminated on November 12, 2001.
August 28, 2003: A United States Citizenship and
Immigration Services (“USCIS”) officer
interviewed defendant under oath regarding his I-485
application. The officer asked defendant whether defendant
had ever, by fraud or willful misrepresentation of a material
fact, sought to procure, or procured, a visa, other
documentation, entry into the United States, or any other
immigration benefit. Defendant said no, knowing that all of
the information he provided and documents he produced in
connection with the Forms I-130 and I-485 were submitted to
prove that he was eligible to become a permanent resident.
September 18, 2003: USCIS approved Williams's
I-130 petition, classifying defendant as Williams's
spouse. Also on that date, USCIS admitted defendant to the
United States as a conditional lawful permanent resident,
based on the approved I-130 petition, the information
supplied by defendant in his I-485 application, and
defendant's sworn testimony from his interview.
October 12, 2005: Defendant was admitted to the
United States as a permanent resident. This was based on
Williams's approved I-130 petition and defendant's
approved I-485 petition, as well as information received in a
Petition to Remove Conditions on Residence (filed by
defendant in August 2005) and an interview associated with
Defendant's Daughter with Sarah Njoroge
August 2006: Defendant became romantically involved
with Sarah Njoroge.
Early 2007: Njoroge told defendant that she was
pregnant with defendant's child.
February 2007: Williams learned that Njoroge was
pregnant with defendant's child.
August 2007: Njoroge gave birth to a daughter, Y-W-.
Defendant was present during the birth and is listed as the
father on the birth certificate. There has never been a
dispute about the paternity of Y-W-. The birth certificate
lists defendant's address (2314 W. Elizabeth Street,
Olathe, Kansas 66061) as the “present residence”
for Y-W-, and it does not contain a separate mailing address
for the mother. The birth of Y-W- was significant and
important to defendant.
After Y-W-'s birth: Defendant “took care
of” Y-W-. He helped financially-for example, purchasing
diapers and other things for Y-W-. Five or six months after
Y-W-'s birth, ...