Fraser v. Lynch, No. 14-3187 (8th Cir. 2015)
Annotate this CaseIn 2003, Fraser, a citizen of Canada, married a U.S. citizen. In 2006, his wife filed an I-130 Petition to adjust Fraser’s status based on their marriage; Fraser filed an I-485 Application to Register Permanent Residence or Adjust Status. The petition and application were granted in 2007. Weeks later, the Department of Homeland Security determined that Fraser’s application had been approved in error. DHS believed that in 1991, Fraser had been convicted in Canada of possession of cocaine for the purpose of trafficking. Fraser appeared before an Immigration Judge. The government provided a Trial Disposition from Canada dated March, 1991, plus an Information, dated April, 1990, which identified the offense charged as possession of cocaine for the purpose of trafficking. The Trial Disposition did not identify the offense to which Fraser pleaded guilty and for which he was sentenced. The IJ concluded that the documentation presented, in combination, proved by clear and convincing evidence that Fraser had been convicted in Canada of possession of cocaine for the purpose of trafficking and that Fraser was inadmissible at the time of his adjustment of status, 8 U.S.C. 1182(a)(2)(A)(i)(II) and deportable under 8 U.S.C. 1227(a)(1)(A). The BIA and Eighth Circuit dismissed Fraser’s appeals.
Court Description: Kelly, Author, with Loken and Bye, Circuit Judges] Petition for Review - Immigration. The Canadian criminal case documents the IJ relied upon were sufficient to establish that petitioner had been convicted in Canada of possession of cocaine with intent to distribute and was, therefore, inadmissible at the time of his adjustment of status and deportable.
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