Mitrovic appealed his conviction for unlawful procurement of naturalization in violation of 18 U.S.C. 1425(b) and 8 U.S.C. 1451(e) that arose from charges against him for concealing from immigration authorities his work as a Serbian prison camp guard. When Mitrovic applied for Unites States citizenship, he stated that he had never persecuted anyone on account of their race, religion, national origin, membership in a particular social group, or political opinion. It was eventually discovered that he served as guard who beat prisoners at the Trnopolje prison camp run by the Serbians during their campaign of ethnic cleansing waged against the Bosniak Muslims and other ethnic groups. The government charged Mitrovic with making false statements in his citizenship application.
Prior to trial, his attorney filed motions to depose witnesses in Bosnia who had been in the Trnopolje prison camp. However, upon his defense team’s arrival in Bosnia, they learned that several witnesses refused to be deposed. Most of the witnesses who refused to be deposed had been in the Trnopolje prison camp for longer than those where sere deposed and had originally told Mitrovic’s defense team that they never saw Mitrovich as a guard at the camp. Upon returning to the United States Mitrovic filed a motion to allow the investigator who interviewed the recalcitrant witnesses to testify to what the witnesses said during their initial interviews: that they had been in the camp for an extended period and never saw Mitrovic. He argued that statements should be excepted from the hearsay rule or alternatively the statements should be admissible because not allowing the statements would deprive Mitrovic of his constitutional right to present a complete defense citing Chambers v. Mississippi.