United States District Court, D. Hawaii
ORDER GRANTING SUMMARY JUDGMENT IN FAVOR OF
Oki Molloway United States District Judge
1996, Plaintiff Jeffrey Healey was convicted of sex crimes
with a minor. Fifteen years later, in 2011, Jeffrey Healey
married a Japanese citizen whose married name is Yuko Healey.
In March 2011, Jeffrey Healey sought to have his wife become
a lawful permanent resident, which was denied because Jeffrey
Healey's convictions for sex crimes with a minor caused
the Secretary of U.S. Homeland Security to decline to
determine that Jeffrey Healey posed “no risk” to
his wife. Jeffrey Healey seeks judicial review of that
decision. Because the court lacks jurisdiction over that
decision, the court grants the Government's motion for
summary judgment and denies Jeffrey Healey's motion for
facts of this case are largely undisputed.
October 19, 1996, Jeffrey Healey was convicted in the Circuit
Court, Twelfth Judicial Circuit in and for Sarasota County,
Florida, of two sex crimes involving a minor: (1) sexual
activity with a child while in familial or custodial
authority in violation of section 794.011 of Florida
Statutes; and (2) handling/fondling a child under 16 years of
age in a lewd, lascivious, or indecent manner in violation of
section 800.04. (1) of Florida Statutes. See
Judgment, No. 95-1708F, ECF No. 29, PageID # 297. He was
sentenced to 48 months of imprisonment followed by 5 years of
probation. Id., PageID # 300.
January 11, 2011, Jeffrey Healey married Yuko Sakashita, a
citizen of Japan. See id., PageID # 246; PageID #
March 21, 2011, Jeffrey Healey submitted to U.S. Citizenship
and Immigration Services a Form I-130, Petition for Alien
Relative. Id., PageID # 219. The Form I-130 notified
U.S. Citizenship and Immigration Services of Jeffrey
Healey's marriage to Yuko Sakashita Heal ey and of her
intent to apply for adjustment of her status from visitor to
lawful permanent resident. Id., PageID #s 219, 221.
December 7, 2011, the U.S. Citizenship and Immigration
Services sent Jeffrey Healey a Request for Evidence and
Notice of Intent to Deny his Form I-130 petition. See
id., PageID # 227-31. This notice informed Jeffrey
Healey that, “[b]efore the decision becomes final, we
are providing you an opportunity to submit documentary
evidence in an effort to overcome the deficiencies forming
the grounds of the intended denial discussed below.”
Id., PageID # 227. The notice stated that, in
reviewing the petition, “USCIS discovered that you
committed what appears to be an offense that would render you
ineligible to act as a petitioner for the family-based visa .
. . .” Id. That is, Jeffrey Healey was told
that, because he had committed a “specified offense
against a minor, ” U.S. Citizenship and Immigration
Services could not determine that he posed “no
risk” to the safety or well-being of his wife.
Id., PageID 227-28.
petition was denied on July 22, 2014. Id., PageID #
219 (petition is stamped “denied”), PageID #
223-26 (denial decision).
relevant part, the Immigration and Nationality Act, 8 U.S.C.
§ 1154, allows a United States Citizen to file a Form
I-130 petition to have his or her spouse classified as an
immediate relative, the first step toward the relative's
becoming a lawful permanent resident.
Adam Walsh Child Protection and Safety Act of 2006 amended
§ 1154 to prohibit a citizen convicted of a specified
offense against a minor from filing a family-based visa
petition. As amended, 8 U.S.C. § 1154 states:
(a)(1)(A)(i) Except as provided in clause (viii), any citizen
of the United States claiming that an alien is entitled . . .
to an immediate relative status under section
1151(b)(2)(A)(i) of this title may file a petition ...