ILLEGAL REENTRY - ELEMENTS - DEPORTATION - COLLATERAL ATTACK
United States v. Leon-Paz, 340 F.3d 1003 (9th Cir. August 22, 2003) (conviction and sentence for reentry after having been deported under 8 U.S.C. 1326(a), reversed since the defendant was denied due process at his deportation hearing, because he was eligible for relief but the Immigration Judge misadvised him to the contrary).
RELIEF -- INADMISSIBILITY - VISA FRAUD -- SOCIAL SECURITY CARD DOES NOT CONSTITUTE "OTHER DOCUMENTATION" UNDER INA § 212(a)(6)(C) SINCE IT IS NOT REQUIRED FOR ADMISSION INTO THE UNITED STATES
Wheeler, The Immigration Consequences of Using A False Social Security Number, 8 Bender's Imm. Bull. 952 (June 1, 2003).
RELIEF -- INADMISSIBILITY - VISA FRAUD - SEEKING EMPLOYMENT IS NOT AN "OTHER BENEFIT" UNDER INA § 212(a)(6)(C), SO USE OF A FALSE SECURITY NUMBER IS NOT VISA FRAUD
Wheeler, The Immigration Consequences of Using A False Social Security Number, 8 Bender's Imm. Bull. 952 (June 1, 2003).
RELIEF -- INADMISSIBILITY - VISA FRAUD - LYING TO AN INS OFFICER ABOUT PREVIOUS USE OF FALSE SECURITY NUMBER IS NOT VISA FRAUD, SINCE IT WAS NOT MATERIAL, BECAUSE (1) IT DID NOT TRIGGER INADMISSIBILITY ON THE TRUE FACTS, AND (2) IT DID NOT PRECLUDE A LINE
Wheeler, The Immigration Consequences of Using A False Social Security Number, 8 Bender's Imm. Bull. 952 (June 1, 2003).
RELIEF -- INADMISSIBILITY - DOCUMENT FRAUD - INA § 212(A)(6)(F) CIVIL ORDER
- Putting false information on an I-9 Form is covered by INA § 274C, but a final civil order is required, and the government has not attempted to enforce this civil penalty after being precluded from doing so by an injunction. Wheeler, The Immigration Consequences of Using A False Social Security Number, 8 Bender's Imm. Bull. 952, 953 (June 1, 2003).
RELIEF -- INADMISSIBILITY - THESE PETTY OFFENSE RULES APPLY WHEREVER INADMISSIBILITY UNDER INA § 212(a)(2)(A) APPLIES, INCLUDING ADMISSION, ADJUSTMENT OF STATUS, AND NATURALIZATION (WHERE IT IS NECESSARY TO SHOW GOOD MORAL CHARACTER DURING A SPECIFIC
Matter of Garcia-Hernandez, 23 I. & N. Dec. 590, 594 (BIA 2003) (commission of a second offense does not disqualify a noncitizen from the petty offense exception to inadmissibility for one CMT conviction, under INA § 212(a)(2)(a)(ii)(ii), unless the second offense is also a CMT); Matter of Deanda-Romo, 23 I. & N. Dec. 597 (BIA 2003)(CMT conviction falling within the petty offense exception does not trigger the stop-time rule for cancellation of removal, under INA § 240A(d)(1)(B), and the noncitizen had accrued seven years before a second offense had been committed).
RELIEF -- INADMISSIBILITY - DISCRETIONARY DENIAL - UNAUTHORIZED EMPLOYMENT INSUFFICIENT BASIS TO DENY The BIA
held that unauthorized employment, standing alone, "should not ordinarily result in the discretionary denial of adjustment of status to those individuals who are statutorily eligible for that relief and who present no other negative considerations." Wheeler, The Immigration Consequences of Using A False Social Security Number, 8 Bender's Imm. Bull. 952, 954 (June 1, 2003).
RELIEF - 212(h) RELIEF - NO EQUAL PROTECTION VIOLATION TO BAR LPRS BUT NOT NON-LPRS
Dieppe v. Quarantillo, ___ F.3d ___ (3d Cir. July 28, 2003)(court of appeals reversed district court's holding that INA § 212(h) violated plaintiff's equal protection rights). http://caselaw.lp.findlaw.com/data2/circs/3rd/014043p.pdf
RELIEF - REFUGEE STATUS - CANNOT DEPORT WITHOUT TERMINATING
Smriko v. Ashcroft, 387 F.3d 279 (3rd Cir. Oct. 26, 2004) (finding that INA and legislative history suggest that "refugee status" does not end when noncitizen admitted as refugee adjusts status, but continues until refugee status is terminated by the immigration authorities; noncitizens with refugee status cannot be deported for commission of a crime of moral turpitude within five years of entry).
RELIEF - ASYLUM - HUMANITARIAN WAIVER OF CRIMINAL CONDUCT
Matter of K-A-, 23 I. & N. Dec. 661 (BIA 2004) (termination of asylee status is not mandatory with respect to asylee who qualifies for and merits adjustment of status with waiver of inadmissibility under INA 209(b) and (c)).
