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.
191184P.pdf 10/05/2020 United States v. Mubarak Hamed
U.S. Court of Appeals Case No: 19-1184
U.S. District Court for the Western District of Missouri - Jefferson City
[PUBLISHED] [Stras, Author, with Smith, Chief Judge, and Colloton, Circuit
Judge]
Civil case - Denaturalization. In action by the government to denaturalize
Hamed, he was judicially estopped from taking a position inconsistent with
his admissions in his plea proceedings in a prior criminal action; in that
criminal case, Hamed admitted he knowingly and willfully conspired to
violate Iraq sanctions orders, and this is clearly inconsistent with his
current position that he was unaware at the time he applied for
naturalization that he had knowingly committed a crime for which he had
not been arrested; further, Hamed was repeatedly warned in the criminal
proceedings that his plea could affect his immigration status; the
doctrine of laches does not apply to the U.S. when it is acting in its
sovereign capacity, and Hamed's argument that an 8-year delay between his
conviction and this denaturalization proceeding was too long must be
rejected. Judge Colloton, concurring.