United States v. Okoro


Case: 20-20631 Document: 00515830051 Page: 1 Date Filed: 04/21/2021 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED April 21, 2021 No. 20-20631 Lyle W. Cayce Summary Calendar Clerk United States of America, Plaintiff—Appellee, versus Chijioke Victor Okoro, also known as Chiji V. Okoro, also known as Victor Okoro, Defendant—Appellant. Appeal from the United States District Court for the Southern District of Texas No. 4:19-CV-4837 Before Davis, Stewart, and Dennis, Circuit Judges. Per Curiam:* Chijioke Victor Okoro appeals the district court’s order granting the Government’s Rule 12(c) Motion for Judgment on the Pleadings. Okoro was * Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4. Case: 20-20631 Document: 00515830051 Page: 2 Date Filed: 04/21/2021 No. 20-20631 naturalized in 1999 but convicted of various federal crimes in 2002. The Government moved to revoke his naturalization. We AFFIRM. I. Factual and Procedural History Chijioke Victor Okoro was a licensed physician in Houston, Texas from 1989 to 2003. He owned and operated several medical clinics. Okoro is a native of Nigeria, and he applied for naturalization in November 1997. Immigration and Naturalization Services (INS) approved his application in May 1999. On June 25, 1999, Okoro was admitted as a naturalized citizen and issued a Certificate of Naturalization. In February 2002, a grand jury indicted Okoro on twenty-five counts, including (1) fifteen counts of mail fraud under 18 U.S.C. § 1341; (2) three counts of filing false federal income tax returns under 26 U.S.C. § 7206(1); and (3) seven counts of health care fraud under 18 U.S.C. § 1347.The counts stemmed from Okoro’s conduct between 1995 and 2002. During that time, Okoro billed Medicare for treatments that he never provided and funneled the excess payments to his clinics. In October 2002, a jury convicted him of all twenty-five counts. Okoro was ultimately sentenced to 151 months imprisonment and three years of supervised release in August 2005.1 In December 2019, the Government filed a complaint seeking revocation of Okoro’s naturalization on four grounds: (1) he illegally procured naturalization because he committed a crime involving moral turpitude during the statutory period; (2) he illegally procured his naturalization because he committed unlawful acts adversely reflecting on his moral character during the statutory period; (3) he illegally procured 1 Okoro was originally sentenced to the same length of imprisonment in 2002, but he appealed. We affirmed his conviction and remanded for resentencing. United States v. Okoro, 213 F. App’x 348, 352 (5th Cir. 2007) (per curiam). 2 Case: 20-20631 Document: 00515830051 Page: 3 Date Filed: 04/21/2021 No. 20-20631 naturalization by providing false testimony during his naturalization interview; and (4) he willfully misrepresented and concealed material facts during his naturalization proceedings. The district court granted the Government’s Rule 12(c) motion, concluding that Okoro illegally procured his naturalization while having committed unlawful acts adversely reflecting on his moral …

Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals