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Yaqub v. Gonzalez

June 6, 2006

ZUBAIR YAQUB, PLAINTIFF
v.
ALBERTO GONZALEZ, UNITED STATES ATTORNEY GENERAL, ET AL., DEFENDANTS



The opinion of the court was delivered by: Hogan, M.J.

ORDER

Plaintiff Zubair Yaqub brings this action pursuant to 8 U.S.C. § 1421(c), seeking judicial review of the decision of the Citizenship & Immigration Services of the United States Department of Homeland Security (CIS) denying his application for naturalization. This matter is before the Court following an evidentiary hearing, and on plaintiff's motion for summary judgment (Doc. 17), defendants' cross-motion for summary judgment (Doc. 18), and plaintiff's response thereto. (Doc. 22).

FINDINGS OF FACT

An evidentiary hearing was held on May 30, 2006, before the undersigned Magistrate Judge at which Mr. Yaqub testified under oath. Counsel for the government declined to cross-examine Mr. Yaqub. The Court finds from observing Mr. Yaqub's words and demeanor that his testimony is credible.

Plaintiff Zubair Yaqub was born in Pakistan on August 29, 1971. Mr. Yaqub arrived in the United States in September 1991. He currently resides in Dayton, Ohio. During his stay in the United States, Mr. Yaqub received a Bachelor of Science degree in management of information sciences and a Master of Business Administration degree from Wright State University in Dayton, Ohio. Mr. Yaqub was employed as a graduate assistant while working towards his post-graduate degree. After graduation, Mr. Yaqub was employed by the NCR Corporation as a financial planning analyst for approximately three years. He was then employed by the Dana Corporation as a credit analyst. He is currently unemployed and seeking employment in his field of study. During his work history, Mr. Yaqub dutifully paid his taxes.

Mr. Yaqub was married in 2004. His spouse resides in Pakistan and is expecting their first child. Mr. Yaqub's hope is to bring his wife and child to the United States to reside. Mr. Yaqub testified that he believes in the values of life and liberty, pays his taxes, and wants to live in the United States. He believes he does not have religious freedom in Pakistan. If he does not obtain United States citizenship, he would have to abandon his permanent residence status in the United States because his spouse would be unable to join him in the Unites States for any extended period of time.

Mr. Yaqub has engaged in various charitable activities since arriving in the United States. While a student at Wright State University, Mr. Yaqub raised money for disabled children. He has also been a volunteer and blood donor for the Red Cross. Mr. Yaqub is a supporter of human rights organizations in Pakistan, and has provided translation services for such organizations. He has offered to provide translation services on behalf of the United States' humanitarian relief efforts in the Middle East, but has been advised he must be a United States citizen before his services will be accepted.

On August 26, 2002, Mr. Yaqub applied for naturalization. (Doc. 20, Exh. A). In December 2003, he appeared for an examination on his application. His application was denied on September 30, 2004 for his failure to show he was and is "a person of good moral character."

Id.

In this regard, the record shows that Mr. Yaqub was arrested on November 19, 1991 on a charge of assault. Mr. Yaqub testified that he was a twenty-year-old college student at the time, and had been residing in the United States for only two months. Mr. Yaqub testified that a neighbor in his apartment building had been drinking, was verbally abusive toward him, and cursed him for "making noise." He testified that the neighbor was the aggressor, a fight ensued, and the police were called. On the advise of counsel, he pleaded no contest to a charge of disorderly conduct and fined $100.00 and court costs.

In October 1993, Mr. Yaqub was issued a minor misdemeanor citation for public intoxication. (Doc. 18, Exh. B). The ticket indicates he was "disorderly, combative, argumentative," was staggering, and smelled of alcohol. Id. Mr. Yaqub testified that he and his college friends were at a local restaurant in Dayton, Ohio. One of the students got into an argument with the restaurant manager who called the police. The police officer asked the students to finish their food and leave. When Mr. Yaqub questioned the officer and asked to explain their side of the story, he was arrested for public intoxication. He denies being intoxicated and states he had consumed little more than one glass of beer. He was not given a breathalyzer test. Mr. Yaqub testified that he was held for a few hours at the police station, paid a fine of $40.00, and was released. He was not required to appear in court.

In February 2001, Mr. Yaqub was arrested for driving under the influence. Mr. Yaqub understood that the ticket issued to him had been changed by the arresting officer which affected the ability of the police to charge him for DUI. He was offered a plea deal and pleaded guilty to reckless operation. Mr. Yaqub's driver's license was suspended for six months, but he was given permission to drive to and from work. He was fined, but received no jail time. At the evidentiary hearing, Mr. Yaqub admitted he was unfit to drive at the time and should not have been driving.

In January 2003, Mr. Yaqub was convicted of driving under the influence. He stated that the incident did not involve an accident or any injuries. Mr. Yaqub also testified that when the incident occurred, he had been recently laid off from work and under a lot of personal stress. Mr. Yaqub was sentenced to 90 days in jail, with 87 days suspended. In lieu of incarceration, Mr. Yaqub was sentenced to a "home study" program and fined. Mr. Yaqub testified that prior to engaging in the home study program, he traveled overseas to visit his family. When he returned to the United States, he went to the court to inquire about completing the home study program. However, because he had not completed the home study program within a six month period, Mr. Yaqub was immediately jailed for ...


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