Habib v. Lynch, No. 14-3370 (7th Cir. 2015)
Annotate this CaseIn the1980s, Habib married a woman in Pakistan and had three children with her there. It is unclear when or how Habib came to the U.S. In 1996, he married Bualice, a U.S. citizen, and three years later adjusted his status to that of lawful permanent resident based on that marriage. Habib did not disclose any children or prior marriages in his application to adjust status or during his interview. He applied for naturalization in 2004 and again neglected to list any children or prior marriages. When interviewed by USCIS, he stated that Bualice was his first wife. USCIS denied Habib’s application in 2010 on the ground that he had obtained lawful permanent residency by fraud and was ineligible for naturalization, 8 U.S.C. 1182(a)(6)(C)(i), and because he lacked a valid entry document. At a hearing, Habib’s attorney stated that he had not seen the Notice to Appear but, when given a copy of the document, proceeded to admit and deny the allegations without consulting Habib, who was present. After Habib was ordered removed, the BIA denied a motion to reopen. The Seventh Circuit granted a petition for review, finding that the Board abused its discretion when it determined that Habib was not prejudiced by his lawyer’s mistakes.
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