Controversial?  Only to a traitorous, Marxist, Muslim terror supporter.


B



https://www.lawfareblog.com/doj-sues-revoke-citizenship-conv
icted-al-qaeda-operative-iyman-faris-naturalized-citizen


DOJ Sues to Revoke the Citizenship of Convicted al Qaeda Operative Iyman
Faris (A Naturalized Citizen)

By *Robert Chesney* <https://www.lawfareblog.com/contributors/rchesney>

Monday, March 20, 2017

A remarkable development:

DOJ has just issued a press release
<https://www.justice.gov/opa/pr/denaturalization-lawsuit-filed-against-convicted-al-qaeda-conspirator-residing-illinois>
announcing that it is suing to revoke the US citizenship of Iyman Faris,
who was convicted in 2003
<https://www.justice.gov/archive/opa/pr/2003/October/03_crm_589.htm> of
providing material support to al Qaeda (Faris was an al Qaeda operative
working with KSM, and had considered an attempt to take down the Brooklyn
Bridge). Faris received a twenty-year sentence in that case, and is in the
federal penitentiary in Marion, Illinois currently.

The complaint seeking denaturalization--posted here
<https://www.justice.gov/opa/press-release/file/949946/download>--invokes 8
USC 1451 <https://www.law.cornell.edu/uscode/text/8/1451>, which does in
fact authorize denaturalization under certain circumstances.  The Complaint
invokes section 1451(a), which provides in relevant part:

*(a)Concealment of material evidence; refusal to testify*

It shall be the duty of the United States attorneys for the respective
districts, upon affidavit showing good cause therefor, to institute
proceedings in any district court of the United States in the judicial
district in which the naturalized citizen may reside at the time of
bringing suit, for the purpose of revoking and setting aside the order
admitting such person to citizenship and canceling the certificate of
naturalization on the ground that such order and certificate of
naturalization were illegally procured or were procured by concealment of a
material fact or by willful misrepresentation, and such revocation and
setting aside of the order admitting such person to citizenship and such
canceling of certificate of naturalization shall be effective as of the
original date of the order and certificate, respectively....

In addition, the Complaint invokes section 1451(c), which provides that

*(c)Membership in certain organizations; prima facie evidence*

If a person ... shall within five years ... following such naturalization
become a member of or affiliated with any organization, membership in or
affiliation with which at the time of naturalization would have precluded
such person from naturalization under the provisions of section 1424 of
this title <https://www.law.cornell.edu/uscode/text/8/1424>, it shall be
considered prima facie evidence that such person was not attached to the
principles of the Constitution of the United States and was not well
disposed to the good order and happiness of the United States at the time
of naturalization, and, in the absence of countervailing evidence, it shall
be sufficient in the proper proceeding to authorize the revocation and
setting aside of the order admitting such person to citizenship and the
cancellation of the certificate of naturalization as having been obtained
by concealment of a material fact or by willful misrepresentation, and such
revocation and setting aside of the order admitting such person to
citizenship and such canceling of certificate of naturalization shall be
effective as of the original date of the order and certificate,
respectively.

The Complaint asserts with respect to 1451(a) that Faris made a variety of
false statements and material ommissions in connection with obtaining his
certificate of naturalization, including falsely stating that he had not
lied in obtaining prior immigration benefits, falsely stating that he had
not committed any crimes for which he had not been arrested, and failing to
disclose a variety of facts (including his involvement in combat in Kashmir
and in Afghanistan, his involvement in paramilitary training in
Afghanistan, and his affiation with Harkat-ul-Jihadi al-Islami).

It also asserts that his admitted affiliation with al Qaeda within the
five-year period following his naturalization triggers 1451(c).

No doubt this is going to set off a considerable controversy, but it does
appear that section 1451 applies in his case.  Stay tuned...




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