NYARI v. NAPOLITANO

No. 08-1406.

562 F.3d 916 (2009)

Gyorgy NYARI, Appellant, v. Janet A. NAPOLITANO, Secretary of Department of Homeland Security; Eric H. Holder, Jr., Attorney General; Michael Aytes, Acting Director, United States Citizenship & Immigration Services; Denise Frazier, District Director, United States Citizenship & Immigration Services; United States Citizenship and Immigration Services, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: April 13, 2009.


Attorney(s) appearing for the Case

David L. Wilson, argued, Minneapolis, MN, for appellant.

Aram A. Gavoor, argued, Washington, DC, for appellee.

Before MELLOY, BOWMAN, and SMITH, Circuit Judges.


SMITH, Circuit Judge.

Gyorgy Nyari, a native of Hungary and a lawful permanent resident of the United States, sought review of the denial of his application for naturalization in district court. The court granted the government's motion for summary judgment on the ground that Nyari failed to establish that he is a person of good moral character as required by 8 U.S.C. § 1427(a). We reverse.

I. Background

Gyorgy Nyari immigrated from Hungary...

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