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Court Says It Lacks Jurisdiction to Review Denial of Bosnian Petitioner’s §237(a)(1)(H) Waiver Application

The Seventh Circuit dismissed in part and denied in part the petition for review, holding that it lacked jurisdiction to review the BIA’s discretionary decision to deny the Bosnian Serb petitioner’s application for a waiver of removal under INA §237(a)(1)(H). Accordingly, the court upheld the BIA’s determination that the petitioner, who had failed to disclose his participation as a combatant in the Bosnian conflict during the 1990s when he applied for refugee status, was removable based on fraud.

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 D-R-, the BIA held in a precedent decision issued today that a misrepresentation is material under INA §212(a)(6)(C)(i) when it tends to shut off a line of inquiry that is relevant to a non citizen’s admissibility and that would predictably have disclosed other facts relevant to eligibility for a visa, other documentation, or admission to the United States. The BIA further held that in determining whether a noncitizen assisted or otherwise participated in extrajudicial killing, an adjudicator should consider (1) the nexus between the noncitizen’s role, acts, or inaction and the extrajudicial killing and (2) scienter, meaning his or her prior or contemporaneous knowledge of the killing.

No more 30/60 day rule

FAM regulations have withdrawn the 30/60 day rule and now issued the new 90 day rule. This could have serious impact on persons whom wanted to marry and or a presumption of fraud or misrepresentation.

Watch out for Notarios

Many immigrants seeking to gain the legal status to remain in Untied States are being victimized by notarios, individuals who represent themselves as qualified to offer legal advice or services concerning immigration but in fact have no such qualification. This ruse can result in severe implications for immigrants, such as financial difficulty, the separation of families, and even deportation. T

Court Finds Nicaraguan Petitioner Did Not Make a Misrepresentation on His Adjustment Application

The Eleventh Circuit granted the petition for review, finding that because the petitioner had not been confined in a prison but rather had been detained in a rebel-controlled trailer in the jungle, he did not willfully make a material misrepresentation on his application to adjust his status to that of a lawful permanent resident when he answered “no” to Question 17 on his application, and thus he was not removable under INA §237(a)(2)(A)(ii).

Another win for us for person entering U.S. with fake passport

Green card application granted for client whose previous 2 applications were denied and who needed a fraud waiver for entering the United States with a fake passport.

Don’t commit fraud with Asylum

(1) An untimely application for asylum may be found frivolous under section 208(d)(6) of the Immigration and Nationality Act, 8 U.S.C. § 1158(d)(6) (2012). Luciana v. Att’y Gen. of U.S., 502 F.3d 273 (3d Cir. 2007), distinguished. Matter of X-M-C-, 25 I&N Dec. 322 (BIA 2010), followed.
(2) The respondent’s asylum application is frivolous because he deliberately made a false statement postdating by more than 2 years his date of entry into this country, which is a material element in determining his eligibility to seek asylum given the general requirement to file the application within 1 year of the date of arrival in the United States.

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