Acquaah v. Sessions, No. 16-3277 (7th Cir. 2017)Annotate this Case
Acquaah, now age 63, came from Ghana to the U.S. on a visitor’s visa and obtained conditional permanent resident status based on his marriage to a U.S. citizen. His application to remove residency conditions began proceedings that have spanned more than 25 years and included a charge that the marriage was entered into for the sole purpose of procuring entry as an immigrant. While those proceedings were pending, his first marriage ended, he remarried a U.S. citizen, and the two had a daughter. He obtained permanent residency under a different name on the basis of that second marriage. After discovery that he had used a new name, Acquaah was charged as statutorily deportable, 8 U.S.C. 1182(a)(6)(C)(i), and ineligible for a fraud waiver. The Seventh Circuit remanded. At his final hearing, Acquaah faced two charges: a 1992 charge of deportability based on termination of his permanent resident status and a later charge that he was deportable as an alien who by fraud or willful misrepresentation sought to procure immigration. The IJ found only the charge relating to the termination of conditional residency, sustained. The Board treated the specific statutory charge that the government decided to lodge and prove as dispositive of whether the waiver is available, but should have considered whether the charge sustained against Acquaah is related to fraud.