Feds set to settle Korean’s suit over denial of petition for naturalization

U.S. Attorney General Loretta A. Lynch and U.S. Department of Homeland Security Secretary Jeh C. Johnson and other U.S. Citizenship and Immigration Services officials are finalizing a proposed agreement that will settle a lawsuit filed against them by a Korean businessman over the denial of his petition for naturalization.

Lynch, Johnson, USCIS Director Leon Rodriguez, and USCIS CNMI/Guam Field Office District Director Stephen Green filed yesterday in federal court their stipulation with plaintiff Ho Jin Yoon.

The parties, through their counsel, requested the U.S. District Court for the NMI to extend the U.S. government’s deadline to answer Yoon’s complaint by an additional 14 days.

The parties said they made the joint request because they have been diligently working to execute a settlement agreement.

This is the parties’ fourth joint request for additional time.

U.S. Department of Justice Civil Division Office of Immigration Litigation Assistant Director Glenn M. Girdharry is counsel for Lynch, Johnson and co-defendants. Attorney Janet H. King is counsel for Yoon.

Girdharry and King informed the court that they have exchanged a draft agreement and require a short period of additional time to finalize and execute the document.

The lawyers said they will notify the court once settlement has been reached, and under the proposed terms of settlement, intend to jointly request the court hold the case abeyance pending Yoon’s voluntary dismissal of the case.

Yoon has lost his U.S. permanent resident status.

In his petition for judicial review, Yoon asked the court to conduct a hearing on his naturalization application, grant him application for naturalization, and hold unlawful and set aside defendants’ 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 a 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.

At the Guam airport, King said, 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.

Plaintiff opted to sign Form I-407.

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

On June 3, 2010, King said, plaintiff applied for and was granted an E-2 nonimmigrant status.

Sometime after being granted an E-2, Yoon filed a Form N-400, Application for Naturalization.

King said that, on July 10, 2014, the USCIS denied Yoon’s Form N-400, Application for Naturalization.

The lawyer said the denial was based on Yoon’s voluntary surrender of his permanent resident status by signing on Sept. 10, 2002 Form I-407, Record of Abandonment of Lawful Permanent Resident Status, before an immigration officer at the Guam airport.

Yoon timely appealed to the USCIS a Form N-336, request for a hearing on a decision in naturalization proceeding.

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

King 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 the 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.