Date: 08-14-2018

Case Style:

Case Number: 7:17-cv-00055-D

Judge: James C. Dever, III

Court: United States District Court for the Eastern District of North Carolina (Wake County)

Plaintiff's Attorney: John J.W. Inkeles and Rudy E. Renfer

Defendant's Attorney: Jennifer Stevens

Description: Raleigh, NC - Justice Department Secures the Denaturalization of Individual Convicted of Sexual Abuse by a Substitute Parent/Custodian

On August 8, 2018, Chief Judge James C. Dever III of the U.S. District Court for the Eastern District of North Carolina entered an order that revoked the naturalized U.S. citizenship of a child sex offender, restrained and enjoined him from claiming any rights, privileges, or advantages of U.S. citizenship, and ordered him to immediately surrender and deliver his Certificate of Naturalization and any other indicia of U.S. citizenship to federal authorities. The court found that prior to naturalizing, Agyemang engaged in sexual abuse of his minor stepchild, for which he was later convicted after pleading guilty. This prior conduct rendered Agyemang ineligible U.S. citizenship because he did not show the moral conduct necessary for naturalization. Additionally, throughout his naturalization proceedings Agyemang misrepresented and hid his unlawful activity.

Mr. Higdon commented: “Under our laws, United States citizenship is conferred on those who demonstrate honesty and integrity, who respect our laws, and who can demonstrate the moral character necessary to be a positive and cultivating member of American society. The defendant fell short of that mark in every regard and we are satisfied that this Court saw fit to revoke his naturalized citizenship. As part of the Justice Department’s mission to enforce the nation’s immigration laws, we will seek denaturalizations in cases where individuals are dishonest and where criminal activity demonstrated the lack of moral character necessary for American citizenship.”

“The Justice Department is committed to preserving the integrity of our nation’s immigration system and the propriety of the government’s adjudication of immigration benefits,” said Acting Assistant Attorney General Chad A. Readler of the Justice Department’s Civil Division. “We will aggressively pursue the denaturalization of individuals who lie on their naturalization applications or lie during the naturalization interview, especially in a circumstance like this one, which involved an alien who repeatedly sexually abused the minor victim on almost a daily basis.”

Prempeh Ernest Agyemang, a native of Ghana, was admitted to the United States in 1989. Agyemang then married a United States citizen who had a young child. When the child was in fourth grade, Agyemang began sexually abusing her starting in late 1999 or early 2000. Notably, after the sexual abuse began, while under oath during his naturalization interview, Agyemang stated that he had never committed a crime or offense for which he was not arrested. Relying on this answer, USCIS granted his naturalization application and Agyemang became a U.S. citizen later that year. On November 5, 2003, Mr. Agyemang pleaded guilty to sexually assaulting his minor stepchild on April 1, 2000. Specifically, Mr. Agyemang pleaded guilty to Sexual Activity by a Substitute Parent or Custodian.

“This order sends a clear message to individuals who commit any type of sexual offense, particularly those involving children, during the naturalization process – we will investigate you and seek you out to ensure that justice is done,” said Acting ICE Director Ronald D. Vitiello. “ICE will continue to work with our partners at the Justice Department’s Office of Immigration Litigation – District Court Section to hold individuals responsible for sexual offenses, especially those involving child victims.”

“I congratulate the trial team for bringing Mr. Agyemang to justice,” said USCIS Acting Director James McCament. “Mr. Agyemang repeatedly sexually abused a minor child and then lied about the sexual abuse to obtain naturalization. By doing so, he threatened to undermine the hard work our officers do every day to protect the integrity of the immigration system. USCIS is glad to see him held accountable.”

This case was investigated by ICE Homeland Security Investigations and the Civil Division’s Office of Immigration Litigation, District Court Section (OIL-DCS). The case was litigated by John Inkeles of OIL-DCS, with support from ICE Assistant Chief Counsel Cori White, Gaston County District Attorney Locke Bell, and the United States Attorney’s Office for the Eastern District of North Carolina.

Outcome: 08/08/2018 42 ORDER granting 41 Motion to Amend Order and Judgment. Counsel should read the order in its entirety for critical deadlines and information. Signed by Chief Judge James C. Dever III on 8/8/2018. (Sellers, N.) (Entered: 08/08/2018)
08/08/2018 43 AMENDED JUDGMENT - IT IS ORDERED, ADJUDGED, AND DECREED that the Government's Motion to Amend Order and Judgment under Federal Rule of Civil Procedure 59(e) is GRANTED; In accordance with the Order dated July 3, 2018 (Docket Entry 39), judgment is ENTERED in favor of the United States and against Mr. Agyemang; The Court FINDS and DECLARES that Mr. Agyemang illegally procured his U.S. citizenship; The Court FINDS and DECLARES that Mr. Agyemang procured his U.S. citizenship by concealment of a material fact and willful misrepresentation; The order admitting Mr. Agyemang to U.S. citizenship is REVOKED and SET ASIDE, effective as of the original date of the order, November 8, 2000; Certificate of Naturalization No. 26153743 is CANCELED, effective as of the original date of the certificate, November 8, 2000; Mr. Agyemang is forever RESTRAINED and ENJOINED from claiming any rights, privileges, benefits, or advantages under any document which evidences United States citizenship obtained as a result of his November 8, 2000 naturalization; Mr. Agyemang shall, within ten days of this Order, surrender and deliver his Certificate of Naturalization, any and all U.S. passports and passport cards, and any other indicia of U.S. citizenship, as well as any copies thereof in his possession or control (and shall make good faith efforts to recover and then surrender any copies thereof that he knows are in the possession or control of others) to Counsel for the United States, John J. W. Inkeles. Counsel for the Parties shall appear in person for a compliance hearing on September 7, 2018, at which Defendant must demonstrate that he has complied with this Judgment, unless the United States provides notice thatMr. Agyemang has fully complied and this Judgment is satisfied, in which case such hearing will be canceled. Signed by Peter A. Moore, Jr., Clerk of Court on 8/8/2018. (Sellers, N.) (Entered: 08/08/2018)
08/08/2018 **** Set Hearing: Compliance Hearing set for 9/7/2018 at 09:00 AM in Raleigh - 7th Floor - Courtroom 1 before Chief Judge James C. Dever III. (Sellers, N.) (Entered: 08/08/2018)

08 USC 1451(j) Motion to Correct Order & Judg. of Naturalization

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