U.S. v. Valenzuela

Dist. Ct. did not err in granting judgment on pleadings to plaintiff-govt. in govt.’s complaint seeking to revoke defendant’s naturalized citizenship and cancel his certificate of naturalization under 8 USC section 1451(a) based on: (1) defendant’s Illinois conviction on charge of aggravated criminal sexual abuse of minor who was family member; and (2) govt.’s claim that said conviction, which occurred shortly after defendant’s naturalization, but concerned conduct that occurred during 4-year period prior to defendant’s naturalization, was crime of moral turpitude within 5-year statutory period preceding defendant’s application for citizenship. Defendant conceded that said conviction was crime of moral turpitude, and Ct. rejected defendant’s contention that govt. was guilty of latches for waiting 17 years after said conviction to file instant complaint, where defendant could not show any prejudice arising out of said delay. Moreover, defendant could not establish any selective prosecution defense, where defendant failed to show that decision to prosecute him was based on race, religion or other arbitrary classifications.