"Two immigrant aliens who married U.S. citizens and had pending petitions to become lawful permanent residents voted in federal elections. That’s a problem. One just lost his federal appeals fight to remain in the country. The other still has a shot to stay. An immigration judge and the Board of Immigration Appeals (Board) found that Anthony Kimani, a Kenyan citizen, and Elizabeth Keathley, a citizen of the Philippines, violated 18 U.S.C. § 611 when they voted in U.S. federal elections before attaining permanent resident status. Section 611(a) declares it unlawful for any alien to vote for a U.S. President, Vice President, or member of Congress, among other public offices. An individual who violates this provision is not eligible for permanent resident status as the spouse of a U.S. citizen. Based on the violations, the immigration judge in both cases ordered deportation. Both parties appealed. In Kimani v. Holder, Nos. 11-1497 & 11-2955 (August 22, 2012), a three-judge panel for the U.S. Court of Appeals for the Seventh Circuit upheld the board’s removal order, and denied a motion to reopen the decision on the grounds of ineffective assistance of counsel. But in Keathley v. Holder, No. 11-1594 (August 22, 2012), another three-judge panel distinguished Kimani and approved Keathley’s petition for judicial review. Keathley is now free to assert the defense of so-called “entrapment by estoppel” to avoid deportation." - Joe Forward, Aug. 23, 2012.