Monday, June 2, 2008
Irvine man may lose U.S. citizenship for lying on documents
A court order will strip Hares Ahmadzai of his citizenship if he fails to win an appeal of a jury conviction for naturalization fraud.
By AMY TAXIN
The Orange County Register


SANTA ANA - A federal judge on Monday sentenced an Irvine man convicted of lying on his U.S. naturalization application to 4 1/4 years in prison and a loss of his citizenship if he fails to win his case on appeal.

Hares Ahmadzai, 35, was found guilty last year of lying about his criminal history on his application to become a U.S. citizen – which meant he could lose his status here.

As a child, Ahmadzai and his family fled the war in his native Afghanistan and was granted asylum in the United States. He obtained a green card and became a U.S. citizen in 1994.

Years later, federal immigration officials realized Ahmadzai had failed to disclose on his citizenship paperwork that he had past convictions for false impersonation, drug sales and battery. They brought a case against him for naturalization fraud, which he lost last year.
That led U.S. District Court Judge James V. Selna to order that Ahmadzai be stripped of his U.S. citizenship if he fails to win his case on appeal.

"It's as if the order is signed and post-dated," said David Kaloyanides, Ahmadzai's attorney.

Naturalized U.S. citizens can lose their status if they are found to have obtained their citizenship through fraudulent means -- but such cases are relatively uncommon, said Thom Mrozek, spokesman for the U.S. Attorney's office.

Wearing a mint green prison jumpsuit, Ahmadzai pleaded with the court to reduce his sentence due to his past collaboration with the Irvine police department as an informant on drug cases.

"I would like to apologize to my family for all the humiliation, and the pain and humiliation my actions have caused them," Ahmadzai told the court Monday morning, reading from notes he had prepared. His sister and niece, seated in the courtroom, fought back tears.

Ahmadzai, who has a history of substance abuse, also faces a charge in state court related to the use of false documents, Kaloyanides said.

Ahmadzai has about nine months remaining on his federal sentence and will keep his U.S. citizenship throughout the appeal process. That protects his right to file an appeal – otherwise, he might be deported and face a difficult time arguing his case from abroad.

It also prevents what Selna said could prove a "bureaucratic nightmare" were Ahmadzai to be deported but win an appeal of his conviction and demand his U.S. citizenship be reinstated.

"You're never de-naturalized until you've exhausted your appeals," said Assistant U.S. Attorney Andrew Stolper.

Contact the writer: 714-796-7722 or ataxin@ocregister.com


I do hope we still have standards for legals



http://www.ocregister.com/articles/ahma ... case-court