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United States v. Muthara

United States District Court, D. Kansas

January 2, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
ERNEST NJAGI MUTHARA, Defendant.

          MEMORANDUM AND ORDER

          CARLOS MURGUIA UNITED STATES DISTRICT JUDGE.

         Plaintiff 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.

         FINDINGS OF FACT

         I. Factual Background

         A. Defendant's Background and Lawful Permanent Resident Status

         1. 1970: Defendant was born in Kenya.

         2. 1994-95: Defendant married a citizen of Kenya, Rahab Wanjiku Kamau, and had a son with her there.

         3. 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.

         4. 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.

         5. 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.

         6. 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.

         7. 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.

         8. 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 that petition.

         B. Defendant's Daughter with Sarah Njoroge

         9. August 2006: Defendant became romantically involved with Sarah Njoroge.

         10. Early 2007: Njoroge told defendant that she was pregnant with defendant's child.

         11. February 2007: Williams learned that Njoroge was pregnant with defendant's child.

         12. 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.

         13. 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, ...


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