Agyei v. Holder, No. 12-1517 (1st Cir. 2013)Annotate this Case
Petitioner, a Ghanaian national who entered the United States without inspection, conceded removability after immigration authorities initiated removal proceedings. Petitioner sought adjustment of status under 8 U.S.C. 1255(i) and also applied for non-lawful permanent resident (LPR) cancellation of removal, alleging that his U.S. citizen child would suffer if he were moved. The agency found Petitioner was ineligible for adjustment of status and cancellation of removal and also denied Petitioner's motion to reconsider and reopen. The agency based its decision on the finding that Petitioner had misrepresented to immigration officials the circumstances of his marriage. The First Circuit Court of Appeals denied Petitioner's petition for review, holding (1) the agency did not err in concluding that Petitioner was inadmissible, and thus ineligible, for adjustment of status and cancellation of removal; and (2) Petitioner's additional evidence about the hardship of his family members would not have remedied the agency's finding of ineligibility for both cancellation and adjustment due to Petitioner's material misrepresentations.