USA v. DANG
The Ninth Circuit Court of Appeals today released an opinion in USA v. DANG, No. 04-17529, an appeal in a civil action brought by the United States. The panel consisted of Michael Daly Hawkins, A. Wallace Tashima, and Sidney R. Thomas, Circuit Judges.
THOMAS, Circuit Judge:
This appeal presents the question, among others, as to the constitutionality and validity of the Department of Homeland Security’s regulation pertaining to assessment of good moral character in naturalization proceedings. We conclude that the regulation passes constitutional muster and is not ultra vires as to its governing statute. We affirm the judgment of the district court. I After thirteen years of lawful permanent residence, Marilyn Thi Dang filed an Application for Naturalization with the Immigration and Naturalization Service (”INS”) on June 28, 1995. On February 2, 1996, Dang intentionally set fire to her van, severely burning herself and her four-month-old son. Meanwhile, the INS had been processing Dang’s application for naturalization. On March 12, 1996, after Dang had set fire to the van, Dang was interviewed under oath by an INS officer regarding her citizenship application. During the interview, Dang was asked, “Have you ever knowingly committed any crime for which you have not been arrested?” and Dang answered in the negative. The INS approved her application the same day. The next day, March 13, 1996, Dang was arrested and charged with arson, willful injury to a child, making a false report of a criminal offense, and two counts of insurance fraud. . . .