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Immigration Law

BIA on Rwanda, Genocide Bar, Laches: Matter of O-R-E-

Matter of O-R-E-, 28 I&N Dec. 330 (BIA 2021)

(1) Immigration Judges and the Board lack the authority to recognize the equitable defense of laches in removal proceedings.

(2) The respondent’s willful misrepresentations regarding his name, location of his residence, timing of his departure from Rwanda, and membership in political organizations on his Registration for Classification as Refugee (Form I-590) and supporting documents were “material” within the meaning of section 212(a)(6)(C)(i) of the Immigration and Nationality Act, 8 U.S.C. § 1182(a)(6)(C)(i) (2018), and he is therefore removable under section 237(a)(1)(A) of the Act, 8 U.S.C. § 1227(a)(1)(A) (2018).

(3) The evidence indicates that the respondent ordered, incited, assisted, or otherwise participated in the Rwandan genocide, and he did not produce sufficient countervailing evidence to demonstrate that he is not subject to the genocide bar at section 212(a)(3)(E)(ii) of the Act.