Richmond v. Holder, No. 12-1395 (2d Cir. 2013)
Annotate this CasePetitioner, a native of Trinidad and Tobago, petitioned for review of a decision by the BIA finding him inadmissible because he made a false claim of United States citizenship in order to avoid being placed in removal proceedings. The BIA concluded that the false claim triggered the inadmissibility provision of the Immigration and Nationality Act, 8 U.S.C. 212(a)(6)(C)(ii)(l). The court concluded that neither the BIA nor the court had previously issued a precedential opinion defining what counted as a "purpose or benefit" under federal or state law. Therefore, the court vacated the BIA's decision and remanded so that the BIA could determine in the first instance the scope of conduct encompassed by section 212(a)(6)(C)(ii)(l).
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