LexisNexis® Legal Newsroom
Unpub. BIA Remand Victory: AOS, False Claim

Matthew L. Kolken writes: " Attached is a BIA decision overturning the IJ in Buffalo. He ruled that my client was statutorily ineligible for adjustment due to an alleged false claim to US citizenship that never happened. I moved for recusal during the course of proceedings, which was denied...

Cleveland IJ Alison Brown issues remarkable false claim / unlawful voting victory

Hats off to superlitigator Andres C. Benach for this remarkable victory. Matter of X-, Sept. 22, 2011 .

Third Circuit on False Claims: Castro v. Atty. Gen.

"Jose Castro, a citizen of Costa Rica, challenges a determination by the Board of Immigration Appeals (“BIA”) that he is inadmissible under section 212(a)(6)(C)(ii) of the Immigration and Nationality Act (“INA”), 8 U.S.C. § 1182(a)(6)(C)(ii), which provides that “...

Changes to FAM Notes: False Claims to U.S. Citizenship

In Change Transmittal CT:VISA-1977 dated March 12, 2013 the Department of State made substantial additions to the FAM Notes for 9 FAM 40.63. The PDF is 22 pages ; changes are in purple italics.

CA2 on False Claim, 'Purpose or Benefit' - Richmond v. Holder (UPDATED)

"Petitioner Keon Richmond, a native and citizen of Trinidad and Tobago, remained in the United States beyond the term of the tourist visa which allowed his initial entry here in May 2001. When removal proceedings were brought against him, Richmond conceded removability but sought an adjustment of...

CA7 on False Claim: Munoz-Avila v. Holder

"Avila has met his burden of demonstrating that he is not inadmissible for falsely representing himself to be a U.S. citizen, and therefore the matter must be remanded for consideration of whether he should be granted the discretionary relief from removal in the form of adjustment of status."...

The Disappearing FAM

On March 12, 2013 the State Department posted CT:VISA-1977 to the FAM, a 22-page update to 9 FAM 40.63 on INA Sec. 212(a)(6)(C)(i) (false claim to U.S. citizenship). On May 1, 2013 the State Department ' unassigned ' CT:VISA-1977. Will Sec. Kerry tell us why? (The answer, my friend, is blowin'...

DHS, DOS to Amend Policies re False Claims by Minors

By letters to Senate Majority Leader Harry Reid, DHS and DOS state they will amend the AFM and the FAM to reflect the following position: (1) Only a knowingly false claim can support a charge that an individual is inadmissible under section 212(a)(6)(C)(ii) of the Immigration and Nationality Act....

Cancellation Victory in Baltimore (False Claim, Timely Retraction)

Cancellation cases are hard enough, but when both clients (husband and wife) made false claims to U.S. citizenship? Amazing victory in the Baltimore Immigration Court by Sandra Grossman , who rocks.

AAO 212(i) Hardship Victory; Mexico, Alien Smuggling, False Claim

Tarik H. Sultan writes: "Applicant, married to U.S. citizen husband with U.S. citizen children, filed adjustment with INA § 212(i) waiver to address pre-1996 false claim to citizenship. USCIS denied adjustment, finding her inadmissible for alien smuggling because her underage brother had also...