begin any time when the act was performed again. For instance, if a false statement was
allegedly made to a government official in 1996, and subsequently made again in 2006, the
10-year statute of limitations clock could start in 2006. If that person then takes the oath of
naturalization in 2016, which incorporates all that was previously stated in the naturalization
process, the 10 years could once again re-start from that point.
The criminal denaturalization files reviewed for this report contained several instances in
which the government waited far beyond the moment the offense was committed—sometimes
over 20 years—using the date of naturalization as the date from which the statute of limitations
began to run. In several other instances, the government has initiated cases just months before
the 10-year deadline.
In one case, the defendant moved for a “time lapse prejudice,” noting that he was:
[P]rejudiced in his ability to defend himself in multiple ways as a result of this
unjustified 9.5-year delay. First, at least two witnesses to his state of mind at the
time he filled out the relevant paperwork—relevant to whether his actions were
intentional—are not available to testify: one has passed away, and the other, it
appears, has no specific memory of [the defendant]. Second, records relating to
whether any omission [was made] on [a form] completed was material to [USCIS]
appear now to have been lost or destroyed as a result of the passage of time. The
prejudice in this case is all the more severe because it is not simply [the defendant]’s
liberty on the line; rather, if convicted he will be stripped of his United States
citizenship. Because of this actual prejudice and because the government has no
investigative justification for the 9.5 years it waited to bring this charge, the Court
should dismiss the indictment for prejudicial pre-indictment delay in violation of [the
defendant’s] Fifth Amendment due process rights.419
This case involved a 35-year-old man from Bolivia who legally immigrated to the United States
with his family when he was a teenager. After his July 2008 interview with USCIS but before
naturalizing in November 2008, he purportedly engaged in criminal conduct, for which he was
not convicted until after he had naturalized. He was convicted of breaking a window of a
vehicle and stealing two tires. In April 2018, the government arrested him and moved to
denaturalize him based on the single fact that he did not update USCIS on his “criminal
conduct” prior to taking the Oath of Naturalization. In September 2018, he was denaturalized
and a stipulated JRO was entered against him—nearly two decades after he started his life in
the U.S. as a teen.
Similarly, in the context of civil denaturalizations, defendants have raised a defense of laches,
which is based on the maxim that “equity aids the vigilant and not those who slumber on their
II. Denaturalization: A Radical Measure in the Hands of Zealots
95
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