Sunday, May 27th, 2018

CA2 on False Claim, ‘Purpose or Benefit’ – Richmond v. Holder

"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 status—and thereby relief from removal—on the basis of his marriage to a United States citizen. The immigration judge and, subsequently, the Board of Immigration Appeals (“BIA”) found Richmond ineligible for adjustment of status because, while incarcerated some years earlier, Richmond had lied to Department of Homeland Security officers about his citizenship status. This lie, the BIA held, was made in order to avoid being placed in removal proceedings. As such, according to the immigration judge and the BIA, it triggered the inadmissibility provision of Immigration and Nationality Act (“INA”) § 212(a)(6)(C)(ii)(I), which bars “[a]ny alien who