Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Davis v. Sessions

United States District Court, S.D. Texas, Houston Division

March 28, 2017

REMILEKUN K. DAVIS, Plaintiff,
v.
JEFFERSON B. SESSIONS, et al. Defendants.

          MEMORANDUM AND OPINION

          Lee H Rosenthal Chief United States District Judge

         The plaintiff, Remilekun Davis, was detained on March 20, 2017 during his annual “check-in” with Immigrations and Customs Enforcement, or ICE. Because he served in the United States military during a period of conflict, Davis was eligible for “military naturalization” under the Immigration Nationality Act § 329. His application was denied because the United States Citizenship and Immigrations Services found that Davis was not a person of good moral character. Davis seeks a temporary restraining order releasing him from ICE custody because his naturalization application was wrongfully denied and his current confinement results from that decision.

         Based on careful review of the application and response, the record, and the relevant law, Davis's temporary restraining order application is denied. (Docket Entry No. 4). The reasons are set out below.

         I. Background

         A. Factual Background

         Davis's actual history is unclear. What is clear is that his description of his own life changed often. Fact and fiction became hard to separate years ago. Davis now alleges that he does not know where he was born or where his parents are, and that he is “stateless.” Davis alleges that he grew up with a U.S. Virgin Islands birth certificate and believed that he had been adopted from that territory. He filed an asylum application under the name Akeem Aderemi Lawal in January 1997, stating that he was a Nigerian citizen. (Docket Entry No. 5, Exs. A, B). Davis was ordered to show cause and appear before an immigration judge; he failed to appear. (Id., Ex. C). The court granted Davis voluntary departure, but after he failed to leave, a final order removing him to Nigeria was issued. (Id.). Instead of leaving the country, Davis moved to Missouri and obtained a driver's license under a different name. (Docket Entry No. 4-1 at 13-14).

         Davis served in the United States Army from April 2001 to August 2004. While serving in the Army, Davis applied for a passport. Davis alleges that during that process he first learned that his U.S. Virgin Islands birth certificate was fraudulent. But when he was arrested and charged with making a false statement on a passport application, he pleaded guilty. In 2004, Davis was arrested again and charged with making a false claim to U.S. citizenship, which later resulted in charges of making a false declaration before a grand jury. He pleaded guilty, received a 10-month sentence, and was placed in removal proceedings.

         Davis applied for military naturalization in 2004, twice in 2009, and again in 2014. His application was denied all four times. When Davis reported to ICE for his yearly check-in on March 20, 2017, he was arrested and detained. He filed this petition after two days in ICE custody.

         B. The USCIS Findings

         Davis applied for military naturalization on April 1, 2014. (Docket Entry No. 4 at ¶ 5). On June 3, 2015, his application was denied by the United States Citizenship and Immigration Services, or USCIS. (Id. at ¶ 5; Docket Entry No. 4-1 at 10-23). The sole reason for the denial was that Davis had not shown good moral character for at least one year before filing his naturalization application. That decision stemmed from multiple inconsistencies in Davis's naturalization and asylum applications over the years and in his sworn statements before immigration officers. (Docket Entry No. 4-1 at 10-23).

         The USCIS decision states that Davis “continue[d] to attempt to manipulate the facts regarding [his] entry into the United States” and “changed the story of [his] history so frequently in the many interviews and investigations which [] resulted from the creation of multiple identities, military service, multiple arrests, and multiple attempts to obtain status as a naturalized citizen of the United States” that Davis had “no credibility” on the issues identified by USCIS. (Id. at 19-20). The USCIS found that Davis's “version of the events regarding [his] history and memory loss is and has been a convenient and elaborate scheme [] used to manipulate and create a new identity” once Davis “became aware that [he was] not going to be able to obtain a valid status in the United States any other way.” (Id. at 20). With that finding, USCIS determined that Davis had “again given false testimony under oath with the intent to obtain an immigration benefit” and therefore could not show that he had been a person of good moral character. (Id. at 20).

         On July 2, 2015, Davis filed a Form N-336, to request a hearing on a decision in naturalization proceedings. His Form N-336 was denied on March 20, 2017-the same day he was detained by ICE.

         C. Procedural Background

         Davis filed this petition for a writ of habeas corpus on March 22, 2017, a first amended complaint on March 23, 2017, and a second amended complaint on March 27, 2017. (Docket Entry Nos. 1, 2, 4). He alleges that his naturalization application was wrongfully denied, making his current detention in ICE unlawful. He seeks a temporary restraining order that would release him from ICE custody. He also asserted a due process claim ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.