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Keywords

statuteimmigration lawvisalienspiracy
statuteimmigration lawvisalienspiracy

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Gourche v. Holder

Facts

Petitioner Gourche is a native and citizen of Morocco who entered the United States as a visitor in 1998. On November 7, 1998, Gourche married a United States citizen and later adjusted his status to that of a lawful permanent resident on a conditional basis. Gourche then filed an I-751 petition to remove the conditions on his residency. He falsely represented that he and his wife were living together when in fact they were not. The false I-751 petition was granted on June 10, 2002. The original falsehood came to light several years later, and in 2006, Gourche pled guilty to conspiracy to commit application fraud stemming from his false representation on his I-751 petition. He was convicted under 18 U.S.C. 371 (the general conspiracy statute) for conspiring to violate 18 U.S.C. 1546(a) (fraud in immigration documents).

Petitioner Gourche is a native and citizen of Morocco who entered the United States as a visitor in 1998. On November 7, 1998, Gourche married a United States citizen and later adjusted his status to that of a lawful permanent resident on a conditional basis. Gourche then filed an I-751 petition to remove the conditions on his residency. He falsely represented that he and his wife were living together when in fact they were not. The false I-751 petition was granted on June 10, 2002. The original falsehood came to light several years later, and in 2006, Gourche pled guilty to conspiracy to commit application fraud stemming from his false representation on his I-751 petition. He was convicted under 18 U.S.C. 371 (the general conspiracy statute) for conspiring to violate 18 U.S.C. 1546(a) (fraud in immigration documents).

Issue

Whether the petitioner is removable under 8 U.S.C. 1227(a)(3)(B)(iii) based on his conviction for conspiracy to violate 18 U.S.C. 1546 and whether he is eligible for a waiver under 8 U.S.C. 1227(a)(1)(H).

Whether the petitioner is removable under 8 U.S.C. 1227(a)(3)(B)(iii) based on his conviction for conspiracy to violate 18 U.S.C. 1546 and whether he is eligible for a waiver under 8 U.S.C. 1227(a)(1)(H).

Rule

8 U.S.C. 1227(a)(3)(B)(iii) defines a class of deportable aliens as 'Any alien who at any time has been convicted `of a violation of, or an attempt or a conspiracy to violate, section 1546 of title 18 (relating to fraud and misuse of visas, permits, and other entry documents), is deportable.'

8 U.S.C. 1227(a)(3)(B)(iii) defines a class of deportable aliens as 'Any alien who at any time has been convicted `of a violation of, or an attempt or a conspiracy to violate, section 1546 of title 18 (relating to fraud and misuse of visas, permits, and other entry documents), is deportable.'

Analysis

The court held that Gourche was removable as charged based on his prior criminal conviction for conspiring to submit false immigration documents. The court found that the language of the parenthetical phrase in 8 U.S.C. 1227(a)(3)(B)(iii) and the structure of the provision demonstrated that Congress intended only to provide a convenient shorthand description of 1546 rather than to limit the class of aliens deportable under 1227(a)(3)(B)(iii). The court also determined that Gourche's eligibility for a waiver under 1227(a)(1)(H) was not relevant to his removability under 1227(a)(3)(B)(iii).

The court held that Gourche was removable as charged based on his prior criminal conviction for conspiring to submit false immigration documents. The court found that the language of the parenthetical phrase in 8 U.S.C. 1227(a)(3)(B)(iii) and the structure of the provision demonstrated that Congress intended only to provide a convenient shorthand description of 1546 rather than to limit the class of aliens deportable under 1227(a)(3)(B)(iii). The court also determined that Gourche's eligibility for a waiver under 1227(a)(1)(H) was not relevant to his removability under 1227(a)(3)(B)(iii).

Conclusion

The court denied the petition for review, affirming the BIA's decision that Gourche was removable under 8 U.S.C. 1227(a)(3)(B)(iii) and not eligible for a waiver.

The court denied the petition for review, affirming the BIA's decision that Gourche was removable under 8 U.S.C. 1227(a)(3)(B)(iii) and not eligible for a waiver.

Who won?

The government prevailed in the case because the court upheld the BIA's determination that Gourche was removable based on his conviction for conspiracy to violate immigration laws.

The government prevailed in the case because the court upheld the BIA's determination that Gourche was removable based on his conviction for conspiracy to violate immigration laws.

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