Legal Opinion

Neuenschwander v. U.S. Citizenship & Immigration Services

District Court, E.D. Virginia

Decided April 27, 2012No. Case No. 1:12cv7Published

1Opinion of the Court

MEMORANDUM OPINION

T.S. ELLIS, III, District Judge.

This challenge to a denial of an application for naturalized U.S. citizenship requires determining whether a conviction for distribution of ecstasy in violation of Virginia law prohibits the applicant from establishing the required element of good moral character, notwithstanding that the distribution was not for commercial gain. For the reasons that follow, such a conviction precludes demonstration of good moral character because the lack of financial remuneration in the underlying offense is immaterial. The denial of the application was…

2Cases cited11 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Taylor v. United StatesSupreme Court of the United States · 1990
  4. Lopez v. GonzalesSupreme Court of the United States · 2006
  5. In Re: Apex Express Corporation Humboldt Express, Incorporated, Debtors. Humboldt Express, Incorporated v. The Wise Company, IncorporatedCourt of Appeals for the Fourth Circuit · 1999

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