Ahmed v. Lynch, No. 14-1396 (2d Cir. 2015)
Annotate this CasePetitioner, a native and citizen of Yemen, seeks review of the BIA's decision affirming the IJ's finding of removeability based on procurement of admission through fraud and denial of petitioner's request for a waiver of inadmissibility. The BIA determined that the government had demonstrated petitioner’s removability by clear and convincing evidence because petitioner, who was admitted to the United States as an unmarried son of a United States citizen, was married at the time of his admission. The court granted the petition for review because the BIA failed to consider petitioner's marriage certificate, which stated that he first married five years after his admission. The court also concluded that the BIA erred when it applied the standards for determining credibility articulated in the REAL ID Act, INA 208(b)(1)(B)(iii), 8 U.S.C. 1158(b)(1)(B)(iii), to assess petitioner’s testimony concerning his removability. On remand, the BIA is instructed to articulate the standard it applies when assessing the credibility of an individual who testifies on matters concerning removability in a contested removal proceeding.
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