United States v. Samuels, No. 16-3871 (8th Cir. 2017)
Annotate this CaseThe Eighth Circuit affirmed defendant's conviction of knowingly making a false statement with respect to a material fact in an immigration matter in violation of 18 U.S.C. 1546(a). The court held that the evidence was sufficient to establish that defendant failed to disclose a material fact, whether materiality is an issue of fact or law in a section 1546(a) prosecution. In this case, the alien relative visa petition (Form I-130) asked, "Have you ever before filed a petition for this or any other alien?" Defendant falsely checked "no."
Court Description: Loken, Author, with Arnold and Shepherd, Circuit Judges] Criminal case - Criminal law. Evidence was sufficient to support defendant's conviction for making a false statement with respect to a material fact in an immigration matter in violation of 18 U.S.C. Sec. 1546(a), as her false statement - concerning whether she had ever filed a Form I-130 for any alien, was made knowingly and was made with respect to a material fact.
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