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Keywords

statuteappealvisadeportationnaturalizationrespondentliens
statuteappealvisadeportationnaturalizationrespondentliens

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Errico; Immigration and Naturalization Service v.

Facts

The Immigration and Naturalization Service found that petitioner alien and respondent alien were not entitled to relief under 241 of the Immigration and Nationality Act because they were otherwise inadmissible at the time of entry into the U.S. and were only admitted because of material misrepresentations. One court of appeals reversed the deportation order relating to respondent alien, while the other affirmed the deportation order against petitioner alien. The Court granted certiorari to resolve the conflict.

The Immigration and Naturalization Service found that petitioner alien and respondent alien were not entitled to relief under 241 of the Immigration and Nationality Act because they were otherwise inadmissible at the time of entry into the U.S. and were only admitted because of material misrepresentations. One court of appeals reversed the deportation order relating to respondent alien, while the other affirmed the deportation order against petitioner alien. The Court granted certiorari to resolve the conflict.

Issue

Whether the statute saves from deportation an alien who misrepresents his status for the purpose of evading quota restrictions, if he has the necessary familial relationship to a United States citizen or lawful permanent resident.

The issue is whether the statute saves from deportation an alien who misrepresents his status for the purpose of evading quota restrictions, if he has the necessary familial relationship to a United States citizen or lawful permanent resident.

Rule

The provisions of this section relating to the deportation of aliens within the United States on the ground that they were excludable at the time of entry as aliens who have sought to procure, or have procured visas or other documentation, or entry into the United States by fraud or misrepresentation shall not apply to an alien otherwise admissible at the time of entry who is the spouse, parent, or a child of a United States citizen or of an alien lawfully admitted for permanent residence.

The provisions of this section relating to the deportation of aliens within the United States on the ground that they were excludable at the time of entry as aliens who have sought to procure, or have procured visas or other documentation, or entry into the United States by fraud or misrepresentation shall not apply to an alien otherwise admissible at the time of entry who is the spouse, parent, or a child of a United States citizen or of an alien lawfully admitted for permanent residence.

Analysis

The Court held that when there was doubt as to the correct construction of the statute, the doubt should have been resolved in favor of the alien. The Court found that the legislative history indicated that Congress intended to provide relief to aliens who had close familial relationships with U.S. citizens, even if they had entered the country through misrepresentation.

The Court held that when there was doubt as to the correct construction of the statute, the doubt should have been resolved in favor of the alien. The Court found that the legislative history indicated that Congress intended to provide relief to aliens who had close familial relationships with U.S. citizens, even if they had entered the country through misrepresentation.

Conclusion

The court affirmed the judgment in favor of respondent alien and reversed the judgment against petitioner alien. The court held that the Immigration and Nationality Act provided relief to the aliens because although they had been admitted to the United States because of material misrepresentations, they could claim close relationships with United States citizens.

The court affirmed the judgment in favor of respondent alien and reversed the judgment against petitioner alien. The court held that the Immigration and Nationality Act provided relief to the aliens because although they had been admitted to the United States because of material misrepresentations, they could claim close relationships with United States citizens.

Who won?

Respondent alien prevailed because the court found that he was entitled to relief under 241 due to his child being a U.S. citizen.

Respondent alien prevailed because the court found that he was entitled to relief under 241 due to his child being a U.S. citizen.

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