In a precedent decision issued yesterday, the BIA held that a respondent who has voted in an election involving candidates for federal office in violation of 18 USC §611(a) is removable under section 237(a)(6)(A) of the INA, regardless of whether the respondent knew that he or she was committing an unlawful act by voting. The BIA reasoned that because the respondent, an LPR who had disclosed during a naturalization interview that she had voted in an election in 2006 that included a local school board race, had intentionally voted in an election involving candidates for federal office, the general intent requirement of §611(a) was satisfied.

BIA

Board of immigration appeals

Appeal to BIA

BIA deference given to particulary serious crime

Filed under: BIA | Tagged: #bia, appeal to bia, BIA, bia board of immigration appeals, BIA Pro Bono Project, board of immigration appeals, Motion to Reopen with the BIA, Petitioner to pursue an argument never presented to the BIA, removability from voting, unlawful voting |