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United States v. Haroon

United States Court of Appeals, Sixth Circuit

October 26, 2017

United States of America, Plaintiff-Appellee,
v.
Maqsood Haroon, Defendant-Appellant.

          Argued: October 5, 2017

         Appeal from the United States District Court for the Southern District of Ohio at Columbus. No. 2:15-cr-00020-1-Gregory L. Frost, District Judge.

         ARGUED:

          Dennis C. Belli, Columbus, Ohio, for Appellant.

          C. Mitchell Hendy, UNITED STATES ATTORNEY'S OFFICE, Cincinnati, Ohio, for Appellee.

         ON BRIEF:

          Dennis C. Belli, Columbus, Ohio, for Appellant.

          Jessica H. Kim, UNITED STATES ATTORNEY'S OFFICE, Columbus, Ohio, for Appellee.

          Before: SUTTON, DONALD, and THAPAR, Circuit Judges.

          OPINION

          SUTTON, CIRCUIT JUDGE.

         A jury convicted Maqsood Haroon for "knowingly procur[ing]" his citizenship "contrary to law" by lying to immigration authorities about his prior marriage and two children from that marriage. We affirm.

         I.

         Born in Pakistan, Haroon came to the United States on a visitor's visa in September 2002. Six months later, the visa expired and Haroon returned to Pakistan. Upon his return, he married Farzeena Bano, and the couple gave birth to a son. One week after welcoming their newborn, the couple divorced.

         The next day, Haroon returned to the United States on another six-month visa. Within two months of his arrival, Haroon married Amberly McVey, an American citizen. McVey and Haroon filed a relative petition (I-130, G-325), which permitted Haroon to apply for permanent residence (I-485). After a mandatory two-year probationary period, Haroon applied to have the conditions on his permanent residence removed (I-751) and attested that his application was "based on [his] marriage to a U.S. citizen." R. 42 at 81; R. 47-4 at 119. While that application was pending, Haroon and ...


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