Wednesday, December 31, 2025
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Ninth Circuit:
Army Had Justification in Discharging Alien Who Married Citizen to Avoid Deportation
By a MetNews Staff Writer
The Ninth U.S. Circuit Court of Appeals has affirmed a District Court decision upholding the Army’s action in discharging a non-citizen soldier who, it found, had entered into a sham marriage in order to remain in the United States and was using his military connection in an effort to avoid being deported.
A panel—comprised of Circuit Judges Michelle T. Friedland and Salvador Mendoza Jr., in addition to Senior Circuit Judge Marsha S. Berzon—declared Thursday that the fact that the ousted soldier subsequently gained U.S. citizenship does not affect the validity of the Army’s decision.
Appellant Ding Chen entered the U.S. in 2002 on a student visa. He completed his studies and gained an extension of his presence until Jan. 31, 2008.
Permanent Residency Sought
To avoid that deadline, he married a U.S. citizen, Taylor Larrimore, on Oct. 23, 2007. On Jan. 23, 2008, he filed a form seeking lawful permanent residency based on the marriage.
An investigation revealed that he barely knew the woman he married and, according to her landlord, did not reside with her. Deportation based on the Jan. 31, 2008 deadline was stayed pending a decision by the United States Citizenship and Immigration Services (“USCIS”) as to whether the marriage was a pretense.
In the course of an investigation, Lattimore admitted that she was paid “a couple of cell phones and about $4,000 cash” to enter into the marriage.
On July 28, 2009, Chen entered the Army under the Military Accessions Vital to National Interest program available to non-citizens and on Feb. 1, 2010, applied for citizenship based on his membership in the armed forces.
Learns of Investigation
The Army received a report in 2011 from USCIS concerning its investigation of Chen; the Army launched its own probe; on May 9, 2012, the soldier was advised that proceedings to boot him out him had been instituted; and on June 29, 2012, he was given a discharge labeled “general under honorable conditions”—which is less than fully honorable.
Notwithstanding his apparent chicanery, USCIS approved his application for citizenship, and Chen became a citizen on May 23, 2013.
He sought a change of his discharge status to honorable and a revision of the Army’s findings. The Board for Correction of Military Records turned him down.
On July 20, 2023, summary judgment sought by Chen was denied by District Court Judge Otis D. Wright of the Central District of California and the board’s decision was upheld.
Chen’s Contention Rejected
The memorandum decision says:
“Although Chen argues that his marriage was not fraudulent under the standards set by the Immigration and Nationality Act, he has not demonstrated that the Army’s determination to the contrary was arbitrary or capricious. Nor does he assert that there is a lack of substantial evidence supporting the determination.
“Moreover, the Army was required to ‘verify the existence and true nature of the apparently disqualifying information.’…Based on the Army’s investigation and the USCIS reports, the Army concluded that there was “sufficient evidence to show [Chen’s] immigration status was invalid at the time of his enlistment, and this fact was disqualifying.” Hie provision does not limit verification to ‘record-checking,’ as Chen argues.”
A footnote says:
“Although Chen was ultimately granted citizenship, the circumstances surrounding the grant of citizenship are unclear. The Collection Board considered the grant of citizenship but determined that evidence in the record supported the Army’s determination that Chen was not eligible to enlist when he did and. at that point in the discharge proceedings, it was Chen’s burden to demonstrate otherwise.”
The case is Chen v. Driscoll, 23-3519.
Chen and Larrimore were divorced on Dec. 10, 2010.
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