Martin v. Gantner

MEMORANDUM AND ORDER

GLASSER, District Judge.

INTRODUCTION

Mr. Clemens W. Martin (“Martin” or “Plaintiff’) appeals an adverse determination of his naturalization application by the United States Citizenship and Immigration Services (“CIS,” “Defendant” or “Government”). Defendant moves to dismiss, contending that a prior conviction under N.Y. Penal Law § 175.10 "for “falsifying business records in the first degree” makes Plaintiff ineligible for naturalization.

BACKGROUND

I. Mr. Clemens W. Martin

A. Family History

The following facts are taken from the Complaint and are assumed to be true for the…