DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
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.