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Court Upholds Denial of Adjustment Application Where Marriage Was Not Deemed Bona Fide

The Seventh Circuit denied the petition for review, finding that substantial evidence supported the IJ’s finding that the petitioner committed marriage fraud, and thus, that he was ineligible for adjustment of status under INA §212(a)(6)(C)(i). The court also found that the IJ did not commit any legal or constitutional error in exercising discretion to deny adjustment of status.

Court Upholds Finding That Petitioner Falsely Represented Himself as a U.S. Citizen on a Form I-9

The Eighth Circuit denied the petition for review of the denial of the Tanzanian petitioner’s adjustment application, upholding the BIA’s finding that the petitioner intended to falsely represent himself as a U.S. citizen on his I-9 employment eligibility verification form. The court further found that this action constituted a non-waivable violation under INA §212(a)(6)(C)(ii)(I). In addition, the court held that the proceedings were not closed when the IJ admitted the petitioner’s I-9, and that the form’s admission did not violate the petitioner’s due process rights.
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AP: Lawyers Challenge Texas Law on Harboring Immigrants
The Associated Press reports that the Mexican American Legal Defense and Education Fundfiled a federal lawsuit on Monday challenging part of a Texas border security bill that could allow state authorities to target shelters and landlords for harboring undocumented immigrants. The bill, known as HB 11, was signed into law by Texas Governor Greg Abbott last year, and provides that individuals who profit from, encourage, or induce a person to enter or stay in the country illegally “by concealing, harboring, or shielding that person from detection” can be charged with various felony degrees. Jonathan Ryan, AILA member and Executive Director of RAICES, a CARA Project

Committing fraud may deny AOS

The Eighth Circuit denied the petition for review of the denial of the Tanzanian petitioner’s adjustment application, upholding the BIA’s finding that the petitioner intended to falsely represent himself as a U.S. citizen on his I-9 employment eligibility verification form. The court further found that this action constituted a non-waivable violation under INA §212(a)(6)(C)(ii)(I). In addition, the court held that the proceedings were not closed when the IJ admitted the petitioner’s I-9, and that the form’s admission did not violate the petitioner’s due process rights.

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