Patel v. Lynch, No. 15-3812 (6th Cir. 2016)Annotate this Case
In 1994, Govindbhai Patel, a citizen of India, sought asylum and employment authorization, stating that he arrived in New York as a visitor in 1993. His wife, Vidhyaben, also applied, asserting that she arrived as a visitor in 1994. Both denied traveling through another country before entering the U.S. An immigrant petition for an alien worker was approved for Govindbhai in 2004. He applied for adjustment of status, reiterating that he entered as a visitor. Vidhyaben and their children filed derivative applications, indicating that they entered without inspection. In 2005, Govindbhai stated under oath that he entered, through New York, with a visa . In subsequent interviews, Govindbhai stated under oath that he entered by crossing the border from Mexico with a smuggler and that his family members also used smugglers. In 2008, USCIS denied the applications. DHS initiated removal and charged Govindbhai with seeking to procure an immigration benefit by fraud or by willfully misrepresenting a material fact. Seeking adjustment under 8 U.S.C. 1255, all four Patels testified that they were smuggled into the U.S.: two from Mexico, and two from Canada. The IJ ordered their removal. The BIA dismissed an appeal. The Sixth Circuit rejected an appeal. Govindbhai bore the burden to prove that he satisfied the requirements for adjustment of status. His concession of removability was not sufficient to prove that he satisfies the 8 U.S.C. 1255 requirement of having entered the country without inspection.
This opinion or order relates to an opinion or order originally issued on June 30, 2016.