Korean sues federal officials for the denial of petition for naturalization

A Korean national who lost his U.S. permanent resident status is suing U.S. Attorney General Loretta A. Lynch, U.S. Department of Homeland Security Secretary Jeh C. Johnson, and other U.S. Citizenship and Immigration Services officials over the denial of his petition for naturalization.

Ho Jin Yoon, through counsel Janet H. King, is also suing USCIS director Leon Rodriguez and USCIS CNMI/Guam Field Office District Director Stephen P. Green.

Yoon asked the U.S. District Court for the NMI to conduct a hearing on his naturalization application, grant him application for naturalization, and set aside the denial of his application for naturalization, and grant him U.S. citizenship.

Yoon was granted U.S. permanent resident status on Dec. 6, 1988, in Los Angeles, California. Sometime after he was granted his U.S. permanent resident status, he moved to Saipan, which at that time was not part of the U.S. for immigration purposes.

According to King, on Sept. 10, 2002, Yoon was deferred for inspection at the Guam International Airport and was questioned about his time outside the U.S. in excess of one year. Yoon was offered the option to either appear before an immigration judge or to sign Form I-407, Record of Abandonment of Lawful Resident Status. Yoon opted to sign Form I-407.

On Nov. 28, 2009, the Consolidated Natural Resources Act of 2008 (federalization of immigration law) was enacted, extending the Immigration and Nationality Act and other immigration laws to the CNMI.

On June 3, 2010, King said, Yoon applied for and was granted an E-2 nonimmigrant status. Sometime after that, Yoon filed a Form N-400, Application for Naturalization.

King said that, on July 10, 2014, USCIS denied Yoon’s application, based on Yoon’s voluntary surrender of his permanent resident status. Yoon appealed.

On June 3, 2015, USCIS affirmed its decision, denying Yoon’s naturalization application.

Kin said the decision states that Yoon is ineligible for naturalization because he abandoned his permanent resident status “again” by applying and obtaining an E-2 nonimmigrant status.

King said that USCIS erred as Yoon never intended to relinquish his reinstated permanent resident status as he did not voluntarily sign another Form I-407; did not voluntarily turn over his U.S. Permanent Resident Card; continued to file CNMI tax returns as a resident of the CNMI; and exhibited his continuing intent to return to the U.S.

King said to establish eligibility for naturalization under INA, Yoon must show that he meets the residence requirements prior to filing his naturalization application, he has resided continuously within the U.S. from the date of his naturalization application; and he has been and still is a person of good moral character.

King said Yoon here is eligible for naturalization.

King said Yoon has been a lawful permanent resident for over five years and during that time had and continues to reside in the U.S., and is still a person of good moral character, and has exhausted his administrative remedies.

King said the defendants’ denial of Yoon’s naturalization application is “arbitrary, capricious, abuse of discretion, and not in accordance with law.”