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Keywords

burden of proofvisacitizenshipadmissibility
burden of proofvisacitizenshipadmissibility

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Kirong v. Mukasey

Facts

Kirong, a native of Kenya, came to the United States in 2001 on an F-1 student visa. He marked the 'citizen or national of the United States' box on Form I-9s to obtain employment and presented an altered social security card. He was later convicted of burglary and child endangerment and sought to adjust his status based on his marriage to a U.S. citizen, despite having admitted to being removable due to his employment without authorization.

Kirong, a native of Kenya, came to the United States in 2001 on an F-1 student visa. He marked the 'citizen or national of the United States' box on Form I-9s to obtain employment and presented an altered social security card. He was later convicted of burglary and child endangerment and sought to adjust his status based on his marriage to a U.S. citizen, despite having admitted to being removable due to his employment without authorization.

Issue

Whether the BIA erred in determining that Kirong was ineligible for adjustment of status and in denying his request for voluntary departure.

Whether the BIA erred in determining that Kirong was ineligible for adjustment of status and in denying his request for voluntary departure.

Rule

An alien who is removable must prove clearly and beyond doubt that he is admissible to be eligible for adjustment of status under 8 U.S.C. 1255(a). A false claim of citizenship is a ground for inadmissibility under 8 U.S.C. 1182(a)(6)(C)(ii)(I).

An alien who is removable must prove clearly and beyond doubt that he is admissible to be eligible for adjustment of status under 8 U.S.C. 1255(a). A false claim of citizenship is a ground for inadmissibility under 8 U.S.C. 1182(a)(6)(C)(ii)(I).

Analysis

The court found that substantial evidence supported the BIA's conclusion that Kirong did not prove clearly and beyond doubt that he was admissible. Kirong's actions of marking the 'citizen or national of the United States' box on Form I-9s and using an altered social security card indicated a false representation of citizenship. The BIA's determination that Kirong was inadmissible was upheld, as he failed to meet the burden of proof required for adjustment of status.

The court found that substantial evidence supported the BIA's conclusion that Kirong did not prove clearly and beyond doubt that he was admissible. Kirong's actions of marking the 'citizen or national of the United States' box on Form I-9s and using an altered social security card indicated a false representation of citizenship. The BIA's determination that Kirong was inadmissible was upheld, as he failed to meet the burden of proof required for adjustment of status.

Conclusion

The court denied Kirong's petition for review, affirming the BIA's decision that he was ineligible for adjustment of status and voluntary departure.

The court denied Kirong's petition for review, affirming the BIA's decision that he was ineligible for adjustment of status and voluntary departure.

Who won?

The government prevailed in the case because the court upheld the BIA's findings that Kirong was inadmissible due to his false claim of citizenship.

The government prevailed in the case because the court upheld the BIA's findings that Kirong was inadmissible due to his false claim of citizenship.

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