federal complaint against ghassan zebdaoui

8/14/2019 Federal Complaint Against Ghassan Zebdaoui

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UNITED STATES DISTRICT COURTMIDDLE DISTRICT OF FLORIDA

UNITED STATES OF AMERICA,

Plaintiff,

v.

GHASSAN MOHAMMED ZEBDAOUI,

Defendant.

Civil Action No.

COMPLAINT TO REVOKENATURALIZATION

I. JURISDICTION AND VENUE

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

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

Mohammed Zebdaoui (Defendant) to citizenship, and to cancel Defendants Certificate o

Naturalization.

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

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

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

1451(a), is attached as Exhibit A.

3. Plaintiff is the United States of America, and this Court has jurisdiction pursuant

to 28 U.S.C. 1345.

4. Defendant, who was born in Lebanon, is a naturalized United States citizen whos

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

8 U.S.C. 1451(a).

II. FACTS

A. Criminal and Deportation History

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

student visa, under the name Ghassan Mohammad Zebdawi.

Case 8:09-cv-02290-VMC-EAJ Document 1 Filed 11/10/2009 Page 1 of 10


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

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

telecommunications service provider on April 24, 1981.

7. On May 11, 1981, Defendant pled guilty to the crime of malicious use of serviceprovided by telecommunications provider. The assault and battery, and entry without

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

month deferred sentence.

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. Defendants 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

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

Lebanon on June 30, 1981.

B. Illegal Re-entry and Adjustment of Status

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

United States on December 29, 1983.

12. Using the name Nouhad Afif Koleilat, on or about August 15, 1985, Defendant

filed a Form I-485 Application for Status as Permanent Resident (Form I-485 Application

based on his marriage to a United States citizen.

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

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

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

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

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

question. This answer was patently false.

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

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

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

averring that the contents of his Form I-485 Application were true.16. On the basis of the answers he gave in his Form I-485 Application interview, an

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

Homeland Security or DHS) approved Defendants Form I-485 Application on or about

October 29, 1985.

17. Defendant thereafter legally changed his name to Ghassan Mohammed Zebdaou

on August 24, 1986.

C. Naturalization Proceedings

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

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

Application with the INS.

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

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

violating any law or ordinance, including traffic regulations? Defendant answered Yes t

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

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

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

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

and entry without permission.

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

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

This answer was patently false.

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

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

true.

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

Defendant testified under oath that he had never been arrested, indicted, or convicted of anycrime. He also testified that he had never been ordered deported from the United States.

These assertions, under oath, were both patently false.

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

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

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

was also patently false.

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

the information he gave in his written application, the INS approved Defendants Form

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

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.

III. THE DENATURALIZATION STATUTE

26. Under section 340(a) of the INA, 8 U.S.C. 1451(a), Defendants naturalization

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

was either:

(a) illegally procured, or

(b) procured by concealment of a material fact or by willfulmisrepresentation.

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COUNT I

Defendant Illegally Procured His Naturalization Because He Was Not A LawfulAdmitted Permanent Resident of the United States.

27. Plaintiff realleges and incorporates by reference paragraphs 1 through 26 of th

Complaint.

28. To be eligible for naturalization, an alien must be lawfully admitted to the Unit

States for permanent residence in accordance with all applicable provisions of the INA. IN

318; 8 U.S.C. 1429.

29. At the time of Defendants re-entry, an alien who had been previously deported fro

the United States was inadmissible for immigration purposes if he sought admission back in

the country within five years of the date of his removal. INA 212(a)(17); 8 U.S.

1182(a)(17) (1982) (current version at 8 U.S.C. 1182(a)(9)(A)(ii)(I)).

30. As set forth in paragraph 10, Defendant was removed from the United States an

deported to Lebanon on June 30, 1981.

31. As set forth in paragraph 11, Defendant illegally re-entered the United States o

December 29, 1983 less than five years after the date of his removal.

32. Because Defendant was inadmissible under INA 212, he was ineligible to adju

his status to lawful permanent resident in 1985. INA 318; 8 U.S.C. 1429.

33. Because he was not a lawfully admitted permanent resident of the United State

Defendant was not eligible for naturalization. Defendant therefore illegally procured h

naturalization when he took the oath of allegiance on December 12, 1991, and his naturalizatio

must be revoked, as provided for by section 340(a) of the INA, 8 U.S.C. 1451(a).

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COUNT II

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

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

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

of good moral character for the five-year statutory period before he files his Form N-40

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

U.S.C. 1427(a)(3).

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

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

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

37. As set forth in paragraphs 12 through 16, Defendants Form I-485 Application w

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

he provided in his written application.

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

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

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

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

when he testified, under oath during his Form I-485 Application interview, that he had nev

been arrested, convicted or confined in a prison.

39. As set forth in paragraph 10, Defendant was deported from the United States in 198


when he testified, under oath during his Form I-485 Application interview, that he had nev

been ordered deported from the United States.

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40. As set forth in paragraphs 18 through 24, Defendants Form N-400 Application w

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

interview, and the information contained in his written application.

41. As set forth in paragraphs 6 and 7, Defendant had been previously arrested for, anconvicted of, malicious use of service provided by telecommunications provider in 1981

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


when he testified, under oath during his Form N-400 Application interview, that he had nev

been arrested for, or convicted of, these crimes.

42. As set forth in paragraph 10, Defendant was deported from the United States in 198


when he testified, under oath during his Form N-400 Application interview, that he had nev

been ordered deported from the United States.

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

illegally procured his naturalization. Defendants naturalization must be revoked, as provide

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

COUNT III

Defendant Procured His Naturalization Through Willful Misrepresentation andConcealment of Material Facts.

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

Complaint.

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

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

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

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 th

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

was also patently false.

47. As set forth in paragraphs 6 and 7, Defendant had been previously arrested for,and convicted of, malicious use of service provided by telecommunications provider in

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

permission.

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

1981.

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

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

true.

50. Defendant made these misrepresentations knowing they were false and

misleading. Accordingly, Defendant made these misrepresentations willfully.

51. Defendants misrepresentations were material to his Form N-400 Application

because they would have had the natural tendency to influence INSs decision whether to

approve his application.

52. Defendant thereby procured his naturalization by willful misrepresentation and

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

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

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

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federal complaint against ghassan zebdaoui

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