In a precedent decision issued today, the BIA held that a false claim to U.S. citizenship falls within the scope of INA §212(a)(6)(C)(ii)(I) where there is direct or circumstantial evidence that the false claim was made with the subjective intent of obtaining a purpose or benefit under the INA or any other federal or state law, and where U.S. citizenship actually affects or matters to the purpose or benefit sought. The BIA further held that there is a distinction between achieving a “purpose” and obtaining a “benefit” under INA §212(a)(6)(C)(ii)(I), and that avoiding removal proceedings qualifies as a “purpose” within the meaning of that section.
Related Posts
BIA Clarifies Standard for Determining When a Misrepresentation Is “Material” Under INA §212(a)(6)(C)(i)
In a case before the BIA on remand from the Ninth Circuit for further clarification of portions of the agency’s April 2011 decision in Matter of…
Is a Statute Divisible for inadmissibility purposes?
The Attorney General (AG) referred two decisions of the BIA, Matter of Chairez-Castrejonand Matter of Sama, to herself for review of an issue relating to…
Are you a returning Resident – but have a crime?
BIA Finds Returning LPR Cannot Be Charged with Inadmissibility Under INA §212(a) In a precedent decision, the Board of Immigration Appeals (BIA) held that a…