Ismaeil Mohammed Abu Salim v. US Dept. of Homeland

FILED
U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
MAY 28, 2010
JOHN LEY
CLERK
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
_____________
No. 09-16355
Non-Argument Panel
_____________
D.C. Docket No. 07-02265-CV-5-SLB
ISMAEIL MOHAMMED ABU SALIM,
Petitioner-Appellant,
versus
UNITED STATES DEPARTMENT OF HOMELAND
SECURITY, U.S. CITIZENSHIP AND IMMIGRATION
SERVICES,
Respondents-Appellees.
____________
Appeal from the United States District Court
for the Northern District of Alabama
____________
(May 28, 2010)
Before MARCUS, MARTIN and HILL, Circuit Judges.

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PER CURIAM:
This is an appeal by Ismaeil Mohammed Abu Salim (Salim), a native and
citizen of Jordan, and a lawful permanent resident of the United States, from the
grant of summary judgment by the district court in favor of the Department of
Homeland Security, United States Citizenship and Immigration Services (USCIS),
and the dismissal by the district court of Salim’s petition for review of his
application for naturalization. Under a de novo review, the district court found
that Salim had failed to meet his burden of showing that he met the good moral
character requirement for naturalization. 8 U.S.C. § 1421(g); 8 U.S.C. §
1427(a)(3).
By administrative order, the USCIS initially denied Salim’s application for
naturalization for lack of good moral character based upon his conviction for
selling alcohol to a minor. For this offense, Salim received a suspended sentence
and twelve months’ unsupervised probation. This conviction occurred within five
years immediately preceding the date of filing the application for naturalization.
See 8 U.S.C. § 1427(a)(1).
The district court agreed, finding that Salim did not submit any evidence of
extenuating circumstances for his unlawful acts. It granted USCIS’ motion for
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summary judgment.
We have carefully reviewed the record in this case, the briefs and the
arguments of counsel. Finding no error, the judgment of the district court is
affirmed.
AFFIRMED.
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