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Mejia-Orellana v. Gonzales

Facts

Mejia-Orellana entered the United States without inspection in 1983 and was arrested for criminal possession of marijuana in 1985. He married a U.S. citizen in 1987 and applied for lawful permanent residence in 1991, failing to disclose his arrest. He was granted permanent resident status but later faced removal proceedings after disclosing his arrest during an inspection in 2002.

Issue

Whether the phrase 'lawfully admitted for permanent residence' in 8 U.S.C.S. 1229b(a) excludes admissions acquired by fraud or misrepresentation.

Rule

An alien who has acquired lawful permanent resident status by fraud or misrepresentation has not been lawfully admitted and is ineligible for cancellation of removal under 8 U.S.C. 1229b(a).

Analysis

The court upheld the BIA's interpretation that Mejia-Orellana's failure to disclose his arrest rendered his permanent resident status void ab initio, thus making him ineligible for cancellation of removal. The court found that the BIA's interpretation was reasonable and consistent with the statutory language.

Conclusion

The court affirmed the BIA's decision and denied Mejia-Orellana's petition for review.

Who won?

The Board of Immigration Appeals (BIA) prevailed because it determined that Mejia-Orellana's permanent resident status was void due to fraud, making him ineligible for cancellation of removal.

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