Adams v. Holder, No. 10-2923 (2d Cir. 2012)Annotate this Case
Adams entered the U.S. from Jamaica in 1990 on a visitor’s visa and overstayed. Arrested in New York in 1992, for attempting to sell cocaine to an undercover officer, Adams represented that he was “Michael Thomas” and pleaded guilty. “Thomas” failed to appear for sentencing. The state court received a form from Jamaica certifying that “Michael Thomas” had committed suicide. Adams returned to Jamaica where, in 1994, he married a U.S. citizen. Adams applied for an immigrant visa, representing that he had never been in the U.S. and had never been arrested or convicted. The consul granted an immigrant visa in 1997. He was admitted to the U.S. as a lawful permanent resident. In 2008, returning from a trip to Jamaica, he was stopped by Customs officials, who suspected that Adams was “Michael Thomas” in the outstanding arrest warrant. The Board of Immigration Appeals ultimately ordered removal. Adams argued that the Immigration and Nationality Act, 8 U.S.C. 1256(a), barred removal because Adams was the beneficiary of an adjustment of status when he obtained an immigrant visa and that there is a five-year limitation on rescinding the status of a lawful permanent resident. The Second Circuit rejected the arguments.