081406P.pdf   04/13/2009  Gyorgy Nyari  v.  Michael Chertoff, etc.
   U.S. Court of Appeals Case No:  08-1406
   U.S. District Court for the District of Minnesota - Minneapolis   
   [PUBLISHED] [Smith, Author, with Melloy and Bowman, Circuit Judges]
   Civil case - Immigration. Placement of Nyari's name in the central
   registry of Virginia's child abuse and neglect information system was an
   insufficient basis for the district court to make a finding that he was not a
   person of good character; the district court must make its own findings of
   fact and cannot give preclusive effect to the outcome of a civil
   administrative proceeding; further, the sexual abuse allegation which
   formed the basis for Virginia's action occurred 14 years prior to the filing
   of Nyari's citizenship application and the Virginia determination can only
   be considered in evaluating Nyari's moral character if his conduct during
   the five year period prior to the application does not reflect that there has
   been a reformation of his character or if the earlier conduct appears
   relevant to a determination of his present moral character; the district
   court failed to make either of these determinations before relying on the
   charge; Nyari's children's recantations of their earlier charges created a
   genuine issue of material fact as to whether Nyari abused them.