Ibrahim v. Department of Homeland Security , 205 F. App'x 289 ( 2006 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT November 10, 2006
Charles R. Fulbruge III
Clerk
No. 06-40136
Summary Calendar
MELHEM NAJIB IBRAHIM,
Plaintiff-Appellant,
versus
DEPARTMENT OF HOMELAND SECURITY, et al.
Defendants-Appellees.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. 2:05-cv-00139
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Before JOLLY, DENNIS, and CLEMENT, Circuit Judges.
PER CURIAM:*
Plaintiff Ibrahim, a Lebanese citizen and lawful permanent
resident of the United States since 1977, filed a naturalization
application (“N-400) on May 5, 2004. After more than 120 days had
passed without a determination on his N-400, Ibrahim, pursuant to
8 U.S.C. § 1447, applied to the United States District Court in the
district of his residence for a hearing on the matter. At a bench
trial addressing the matter, the district judge denied Ibrahim’s
application based on his failure to meet both the residency
*
Pursuant to 5TH CIR. R. 47.5, the court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
No. 06-40136
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requirements and good moral character requirement, both of which
are necessary for naturalization.
Naturalization is not a natural right but a privilege. Taylor
v. United States, 231 F.2d 856, 858 (5th Cir. 1956). The burden to
prove that all of the statutory qualifications entitling one to
this privilege rests with the applicant and all doubt is resolved
in favor of the Government. Id. at 858. Under 8 U.S.C. § 1427(a),
an applicant must show that he meets both the good moral character
requirement and the residency requirements.
Because Ibrahim has failed to show that he meets the good
moral character requirement, we need not reach the residency
requirements. 8 U.S.C. § 1427(e) provides that the inquiry into
good moral character is not limited solely to the five years
preceding the filing of the naturalization application.
Additionally, 8 U.S.C. 1101(f) provides, “For purposes of this
chapter, no person shall be regarded as, or found to be, a person
of good moral character who, during the period for which good moral
character is required to be established, is, or was...(6) one who
has given false testimony for the purpose of obtaining any benefits
under this chapter.” The record indicates that Ibrahim was
arrested four times and fled the United States twice in order to
avoid prosecution. Furthermore, there are numerous instances
within the record of Ibrahim’s false testimony on his N-400 and at
the bench trial offered in an attempt to secure his status as a
naturalized citizen of the United States. Therefore, we find error
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neither in the district court’s determination that Ibrahim was not
a person of good moral character and nor its ruling that he should
not become a naturalized citizen.
We AFFIRM.