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Keywords

attorneyburden of proofimmigration lawcitizenshipnaturalization
attorneyburden of proofimmigration lawcitizenshipnaturalization

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Sandoval-Loffredo v. Gonzales

Facts

Four years after he became a lawful permanent resident of the United States, the alien traveled to Canada and met his brother. Shortly thereafter, the alien and his brother drove to a port of entry on the U.S.-Canadian border where his brother made a false claim of U.S. citizenship in an attempt to enter the United States. After that incident, the Immigration and Naturalization Service (INS) charged the alien with being inadmissible because he violated 8 U.S.C.S. 1182(a)(6)(E)(i) by helping his brother when he attempted to enter the United States illegally, and an IJ issued an order removing the alien from the United States. The alien sought review of the IJ's decision, arguing that he could not be classified as inadmissible because he was a lawful permanent resident.

Four years after he became a lawful permanent resident of the United States, the alien traveled to Canada and met his brother. Shortly thereafter, the alien and his brother drove to a port of entry on the U.S.-Canadian border where his brother made a false claim of U.S. citizenship in an attempt to enter the United States. After that incident, the Immigration and Naturalization Service (INS) charged the alien with being inadmissible because he violated 8 U.S.C.S. 1182(a)(6)(E)(i) by helping his brother when he attempted to enter the United States illegally, and an IJ issued an order removing the alien from the United States. The alien sought review of the IJ's decision, arguing that he could not be classified as inadmissible because he was a lawful permanent resident.

Issue

Whether the Immigration Judge erred in classifying the petitioner, a lawful permanent resident, as an alien seeking admission to the United States.

Whether the Immigration Judge erred in classifying the petitioner, a lawful permanent resident, as an alien seeking admission to the United States.

Rule

An alien lawfully admitted for permanent residence in the United States shall not be regarded as an applicant for admission unless the alien has engaged in illegal activity after having departed the United States.

An alien lawfully admitted for permanent residence in the United States shall not be regarded as an applicant for admission unless the alien has engaged in illegal activity after having departed the United States.

Analysis

The court found that although the INS charged the alien with being inadmissible, the IJ found that the INS established by clear and convincing evidence that he was removable. The IJ concluded that the INS had proven that the alien sought to bring his brother into the United States in violation of the immigration laws. Any error the IJ made regarding the burden of proof inured to the alien's benefit, and thus the court upheld the IJ's decision.

The court found that although the INS charged the alien with being inadmissible, the IJ found that the INS established by clear and convincing evidence that he was removable. The IJ concluded that the INS had proven that the alien sought to bring his brother into the United States in violation of the immigration laws. Any error the IJ made regarding the burden of proof inured to the alien's benefit, and thus the court upheld the IJ's decision.

Conclusion

The court denied the alien's petition for review, affirming the IJ's decision to terminate his permanent resident status and order his removal.

The court denied the alien's petition for review, affirming the IJ's decision to terminate his permanent resident status and order his removal.

Who won?

The U.S. Attorney General prevailed in the case because the court found that the IJ's decision was supported by clear and convincing evidence.

The U.S. Attorney General prevailed in the case because the court found that the IJ's decision was supported by clear and convincing evidence.

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