CA11 on Material Misrepresentation: Alfaro v. Sessions

Alfaro v. Sessions, July 13, 2017 - "Roger Ricardo Alfaro seeks review of the Board of Immigration Appeals’ (BIA) final order of removal. In its decision, the BIA affirmed an immigration judge’s finding that Alfaro is removable under 8 U.S.C. § 1227(a)(1)(A) for having willfully made a material misrepresentation on his application to adjust his status to that of a lawful permanent resident. For the following reasons, we remand and order that his petition be granted. ... [W]e hold that as a matter of law, a rebel-controlled trailer in a jungle is not a “prison.” ... Because he had not been confined in a prison, Alfaro did not make a material misrepresentation on his application for an adjustment of his status to become a lawful permanent resident of the United States when he answered “no” to Question 17 on his application. Accordingly, we grant Roger Alfaro’s petition."

[Hats off to appointed counsel, Prof. Rebecca Sharpless!  NOTE: Petitioner was removed by ICE after the BIA decision...stay tuned for news of efforts to bring Petitioner back home to the USA!]