United States v. Gallagher

Facts

D and Kalugin were married in June 2015, just over a year after graduating from law school and a month and a half before Kalugin's student visa was set to expire. Soon after, they signed and submitted government forms to get Kalugin a green card based on his status as D's spouse. In April 2016, Kalugin and D moved from California to Virginia, where D was training to become a foreign service officer. By the end of May Kalugin had left Virginia, returning to California and obtaining a new California driver's license that listed a California address. In July 2016, Kalugin flew back to Virginia (with a ticket D paid for) for a green card interview with an immigration officer. Kalugin was granted conditional residency the same day and flew back to California two days later. Because of D's job, Kalugin was eligible for expedited naturalization under 8 U.S.C. § 1430(b), which waives the required residency period for noncitizens whose U.S. citizen spouses are 'in the employment of the Government of the United States' and 'regularly stationed abroad.' D filled out the required document (called Form N-400) for Kalugin, had Kalugin sign it in August 2016, and submitted the form in September 2016. In December 2016, D moved to Mexico to begin her first tour as a foreign service officer. Kalugin remained in California. Fourteen months passed with little action on Kalugin's naturalization application. Then, in February 2018, Kalugin flew to Virginia for an interview with an immigration officer. After that interview, Kalugin took the citizenship oath and was issued a naturalization certificate. Kalugin immediately applied for and soon obtained a United States passport. Kalugin then set off for Mexico but stayed less than a month. About three months after Kalugin left Mexico for good, D filed for divorce in California, listing the separation date as May 1, 2016 (more than two years earlier). The divorce was finalized. In 2019, a foreign service officer filed a complaint about D's conduct during Kalugin's naturalization process. That complaint led to an investigation by the State Department's diplomatic security service. A federal grand jury charged Kalugin and D with three felonies. Count 1 accused them of conspiring to obtain naturalization and proof of U.S. citizenship for Kalugin by making false statements and submitting fraudulent documents, thus violating 18 U.S.C. § 371. The other two counts charged violations of 18 U.S.C. § 1425(a), which makes it a crime to 'knowingly procure' either 'the naturalization of any person, or documentary or other evidence of naturalization or of citizenship' 'contrary to law.' Count 2 accused Kalugin and D of doing so by making four 'materially false, fictitious, and fraudulent statements and representations' on Form N-400. Count 3 asserted another Section 1425(a) violation based on two other false statements Kalugin made during his final naturalization interview in 2018. Kalugin and D pleaded not guilty. The jury found them guilty on all counts. The district court sentenced Kalugin to six months of imprisonment followed by two years of supervised release, and D to 15 months of imprisonment followed by two years of supervised release. Kalugin's Section 1425(a) convictions also led to the mandatory revocation of his citizenship. This appeal resulted. If Kalugin and D are right the evidence failed as a matter of law, they are entitled to a judgment of acquittal without further proceedings. 

Issues

Rule of Law

Holding and Decision

Legal Analysis

© 2007-2025 ABN Study Partner.