Patel v. U.S. Attorney General, No. 17-10636 (11th Cir. 2019)Annotate this Case
The Eleventh Circuit denied a petition for review of the BIA's decision holding petitioner inadmissible because he falsely represented himself as a citizen when applying for a Georgia driver's license. Petitioner argued that he simply checked the wrong box, and that citizenship did not affect the application. The court held that it did not have jurisdiction to review petitioner's claim because it was a factual matter regarding whether he checked the wrong box and thus lacked the requisite subjective intent to trigger the statute. The court also held that it did not have to defer to the Board's interpretation of Matter of Richmond, 26 I. & N. Dec. 779, 786–87 (BIA 2016), finding a materiality element in 8 U.S.C. 1182(a)(6)(C)(ii)(I). Rather, the statute did not require that citizenship be material to the purpose or benefit sought.