Godfrey v. Lynch, No. 15-1027 (8th Cir. 2016)
Annotate this CasePetitioner, a native of Tanzania, petitioned for review of the BIA's denial of his application for adjustment of status. The court concluded that, although the IJ did misquote Form I-9, the entirety of his analysis shows he was properly analyzing the key legal issue: whether petitioner intended to represent himself as a citizen or a national. Further, substantial evidence supports the IJ's finding that petitioner falsely represented himself to be a citizen. The court also concluded that petitioner is not eligible for waiver of his ineligibility and the IJ did not violate petitioner's right to due process when he admitted evidence of petitioner's false representation on the I-9 Form. Accordingly, the court denied the petition for review.
Court Description: Bye, Author, with Riley, Chief Judge, and Gruender, Circuit Judges] Petition for Review - Immigration. The BIA's finding that petitioner falsely represented himself as a U.S. citizen and not a national on a Form I-9 was supported by substantial evidence; the Immigration Act does not authorize a hardship waiver when an alien is found to be ineligible for making a false misrepresentation of citizenship under 8 U.S.C. Sec. 1182(a)(6)(C)(ii); the proceedings were not closed when the IJ admitted petitioner's I-9, and its admission did not violate his due process rights.
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