Siddiqui v. Holder

Justia.com Opinion Summary: Petitioner, age 13, entered from Pakistan on a visitor's visa in 1979. The 1986 Immigration Reform and Control Act, allowed aliens who entered before 1982 and have remained continuously present to apply for legalization (8 U.S.C. 1255a). His 1987 attempt to apply was rejected because of a brief trip to Pakistan. The practice, "front-desking," was challenged in court. While litigation was pending, petitioner applied for amnesty and obtained work authorization. In 1992, he was convicted for possession of a concealed hunting knife. Returning from Canada while driving his truck route in 1995, petitioner was found to have a voter's registration stating that he was a citizen, but was allowed to reenter. He filed application under the Legal Immigration Family Equity Act, applicable to members of front-desking actions who establish continuous residence from 1982 to 1988. INS commenced deportation, aware of the pending amnesty application. The BIA dismissed an appeal. The Sixth Circuit denied review. In 2005 petitioner voluntarily appeared and was detained for four years. USCIS denied the 1997 amnesty application and the LIFE application. The AAO dismissed appeals; BIA reissued its 2001 deportation decision. The Seventh Circuit vacated. AAO failed to make an individualized decision about continuous presence and was not entitled to rely on the 1991 conviction as a ground to deny legalization.

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