Avila-Anguiano v. Holder, No. 11-3958 (6th Cir. 2012)
Annotate this CaseIn 1991, petitioner, a Mexican national, falsely told a border inspector that he was a U.S. citizen. He pled guilty to violating 8 U.S.C. 1325, then returned to Mexico. In 1993 petitioner failed to disclose that same conviction on his application for an immigration visa as the spouse of a citizen. The INS granted the visa. The government then commenced removal under 1182(a)(6)(C)(i), which provides that “[a]ny alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa ... or admission ... is inadmissible.” Section 1227(a)(1)(H) gives the Attorney General discretion to waive the 1993 fraud as a ground for removal. The Attorney General claimed to lack discretion to waive the 1991 fraud. The Board of Immigration Appeals agreed. The Sixth Circuit vacated. The Attorney General can waive section 1227(a)(1)(A) to the extent it renders petitioner removable as a result of both the 1991 and the 1993 misrepresentation
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