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6th Circuit

Avila-Anguiano v. Holder (6th Circuit, August 7, 2012)

KETHLEDGE, Siler, Murphy (distct)

Summary: “Jose Avila-Anguiano, a Mexican national, made two misrepresentations that render him “inadmissible” to the United States under 8 U.S.C. § 1182. The first occurred in 1991, when Avila Anguiano told a border inspector, falsely, that he was a United States citizen. Avila-Anguiano pled guilty the next day to making a false claim of citizenship in violation of 8 U.S.C. § 1325. He then returned to Mexico. The second misrepresentation occurred in 1993, when Avila-Anguiano failed to disclose that same conviction on his application for an immigration visa. (He was by then the spouse of an American citizen.) The INS granted him the visa.

The government thereafter commenced removal proceedings against Avila- Anguiano under § 1182(a)(6)(C)(i), which provides that ‘[a]ny alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa . . . or admission into the United States . . . is inadmissible.’”

The Court held that under 8 U.S.C. §1227(a)(1)(H) the Attorney General has authority to waive any misrepresentations which render the immigrant “inadmissible at the time of admission” as an “alien[] described in section 1182(a)(6)(C)(i).”  Accordingly, in petitioner’s case, while the Attorney General contended that he only had authority to waive petitioner’s 1993 misrepresentation (failing disclose the 1991 misrepresentation), the Court found that the AG had authority to waive the 1991 misrepresentation as well because it formed the basis for petitioner’s inadmissibility.

Read the opinion here.