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NOTICE OF INTENT TO REVOKE NATURALIZATION

UNITED STATES DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
Post Office Box 365068
San Juan PR 00936

:NOTICE OF INTENT TO REVOKE NATURALIZATION

Iliana Sofia Morales:

This Notice informs you that the Immigration and Naturalization Service (INS or Service) intends to revoke your naturalization. IF YOU DO NOT RESPOND TO THIS NOTICE WITHIN SIXTY (60) DAYS, YOU MAY LOSE YOUR CITIZENSHIP AND OTHER IMPORTANT RIGHTS.

:FACTUAL ALLEGATIONS

In support of this notice of intent to revoke naturalization, the Immigration and Naturalization Service makes the following allegations.

l. On October 20, 1995, you filed an application for naturalization (INS Form N-400) with the San Juan PR. office of the INS. You appeared before a Service officer on October 20, 1995, for an examination under oath concerning eligibility for naturalization. You took the oath of allegiance on October 24, 1995.

2. Part 3 of your MS Form N-400 asks when you were lawfully admitted for permanent residence.

3. When you completed your INS Form N-400. you represented that you had been lawfully admitted for permanent residence on October 18, 1995.

4. Part 5 of your INS Form N-400 asks how many times you have been married, and asks you to identify all prior husbands.

5. When you completed your INS Form N-400, you represented that you had been married only once, to your current husband, Miguel A. Morales.

6. Question 10 on your INS Form N-400 asks whether you have ever been departed from the United States.

7. When you completed your INS Form N-400, you represented that you had never been deported from the United States.

8. Question 15(b) on your INS Form N-400 asks whether you have "ever...been arrested, cited, charged, indicted, convicted, fined or imprisioned for breaking or violating any law or ordinance, excluding traffic regulations?"

9. When you completed your INS Form N-400, you represented that you had never been convicted of any crime.

10. At the beginning of your naturalization examination on October 20, 1995, you took an oath (or affirmed) that you would answer all questions truthfully.

11. During the course of the examination, and while you were under oath, the examining officer asked you how many times you had been married.

12. In response to this question, you testified that you had been married only once, to your current husband, Miguel A. Morales.

13. In fact, you were married to Francisco Fuster prior to your marriage to Miguel A. Morales.

14. During the course of the naturalization examination, and while you were under oath, the examining officer asked you the following question:

have you ever...been arrested, cited, charged, indicted, convicted, fined or imprisoned for breaking or violating any law or ordinance, excluding traffic regulations?

15. In response to this question, you testified, under oath, that you had never been convicted of any crime.

16. On November 26, 1985, you were convicted of four counts of sexual battery, in violation of Flor. Stat. § 794.011(2) and 8 counts of lewd assault, in violation of Flor. Stat. § 800.04.

17. You were sentenced to imprisonment for 10 years on each count, with the sentences to run concurrently.

18. You were also sentenced to probation for a term of 10 years, to begin upon your release from imprisonment. The term of probation is not due to end until May 1999.

19. During the course of your naturalization examination, and while you were under oath, the examining officer asked you whether you had ever been deported from the United States.

20. In response to this question, you testified that you had never been deported from the United States.

21. You were imprisoned in the custody of the Florida Department of Corrections until May 18, 1989.

22. On May 18, 1989, the Service deported you to Honduras, pursuant to a lawful deportation order entered on January 30, 1989, by the United States Immigration Court, Miami, Florida.

23. During the course of the examination, and while you were under oath, the examining officer asked you when you had been lawfully admitted for permanent residence.

24. You testified that you had been lawfully admitted for permanent residence on October 18, 1995.

25. You entered the United States on October 18, 1995, with an immigrant visa issued to you on October 10, 1995, by a United States Consular Officer at Panama City, Panama.

26. You applied for this immigrant visa on October 9, 1995, and in doing so swore that all of the answers to the questions on your immigrant visa application (Optional Form 230 Part I and Part II) were true and correct.

27. You represented to the Consular Officer that you had been married only once, to your current husband, Miguel A. Morales.

28. In fact, you were married to Francisco Fuster before your marriage to Miguel A. Morales.

29. You presented no evidence that your marriage to Francisco Fuster was ever terminated.

30. You represented to the Consular Officer that you had never been convicted of any crime involving moral turpitude.

31. In fact, you were convicted on November 26, 1985 of four counts of sexual battery, in violation of Flor. Stat. § 794.011(2) and 8 counts of lewd assault, in violation of Flor. Stat. § 800.04.

32. You represented to the Consular Officer that you had never used any names other than "Iliana Sofia Morales," and your birth surname of "Flores Gonzalez."

33. In fact, you were knows as "Illeana Fuster" and you were convicted under this name.

34. At the end of your naturalization examination on October 20, 1995, you subscribed to the following oath before and officer of the Service:

I swear that I know the contents of this application, ... and this amended application is true to the best of my knowledge and belief.

[Editors' Note: This is the end of this excerpt from the INS notice.]

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