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U.S. v. PHATTEY

No. 18-35998.

943 F.3d 1277 (2019)

UNITED STATES of America, Plaintiff-Appellee, v. Phoday Baba PHATTEY, a.k.a. Foday Fatty, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed December 5, 2019.

Attorney(s) appearing for the Case

Nicolas A. Olano and Lara E. Nations , Nations Law Group, Anchorage, Alaska, for Defendant-Appellant.

Joseph F. Carilli, Jr. , Trial Attorney; Joseph H. Hunt , Assistant Attorney General, William C. Peachey , Director, District Court Section; Timothy M. Belsan , Chief, National Security & Affirmative Litigation Unit; Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C.; for Plaintiff-Appellee.

Before: Richard C. Tallman, Sandra S. Ikuta, and N. Randy Smith, Circuit Judges.

OPINION

This appeal raises the question whether the revocation of citizenship on the ground that the grant of citizenship was "illegally procured or . . . procured by concealment of a material fact or by willful misrepresentation," 8 U.S.C. § 1451(a), constitutes a "penalty" for purposes of the five-year statute...

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