CA11 on Denaturalization: USA v. Muñoz

USA v. Muñoz

"Three years after becoming a United States citizen, Melchor Munoz pleaded guilty to a drug-conspiracy offense, admitting under oath that he began trafficking marijuana in 2008. The government filed this action to denaturalize Munoz under 8 U.S.C. § 1451(a), alleging that he illegally procured his citizenship in 2009 because his prior participation in the drug conspiracy made him statutorily illegible for citizenship. After Munoz answered the complaint, the government moved for judgment on the pleadings. It argued that because of his admission Munoz was collaterally and judicially estopped from denying that he began trafficking marijuana in 2008. The district court granted the government’s motion and entered a judgment denaturalizing Munoz. On appeal, Munoz argues that the district court erred in determining that his guilty plea collaterally and judicially estopped him from relitigating the date he joined the drug conspiracy. We conclude that collateral estoppel is unavailable because the starting date of Munoz’s drug offense was unnecessary to his prior conviction. The district court also abused its discretion in applying judicial estoppel. It found that Munoz persuaded the district judge who accepted his plea and sentenced him that his drug trafficking began in 2008 and would derive an unfair advantage if not estopped from denying that fact in this proceeding. But these findings are clearly erroneous because they lack evidentiary support in the record. Because neither collateral nor judicial estoppel applies, we vacate the district court’s order and remand for further proceedings."

[Hats way off to Joseph Pace, Michael Robert Ufferman, Neil Rambana and Elizabeth Madalena Ricci!]