Immigration – Naturalization – Moral Character – Shoplifting & Ordinance Violation Convictions

As a lawful permanent resident, petitioner must show that he had good moral character for the five years preceding the submission of his application for naturalization. Although petitioner’s actual shoplifting took place just outside the five-year window, the court finds that his convictions for shoplifting and violating a county ordinance during the five-year period adversely reflect on petitioner’s moral character. Petitioner has not offered any extenuating circumstances that lessen the culpability of either of his two convictions.

The court finds that petitioner’s character during the statutory period fell below the standard of the average citizen in the community. Consequently, petitioner cannot establish that he demonstrated good moral character during the statutory period and thus is not entitled to review of his application for naturalization.

The court grants the motion to dismiss filed by respondent United States Citizenship and Immigration Services.

Zapata v. Duke (Lawyers Weekly No. 002-080-18, 6 pp.) (Patrick Michael Duffy, J.) 2:17-cv-02367; Tarik Dante Scarlata for petitioner; Matthew Modica for respondents. D.S.C.