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Keywords

testimonyvisacitizenshipadmissibility
testimonyvisacitizenshipadmissibility

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Theodros v. Gonzales

Facts

Theodros, a native of Ethiopia and a citizen of Italy, entered the U.S. as a minor and his visa status expired when he turned 18. He served prison terms for crimes of moral turpitude and later worked in Texas and Hawaii. In 2003, he was charged with removability for overstaying his visa and sought an adjustment of status, but admitted to lying about his citizenship to obtain employment, leading to the denial of his application.

Theodros, a native of Ethiopia and a citizen of Italy, entered the U.S. as a minor and his visa status expired when he turned 18. He served prison terms for crimes of moral turpitude and later worked in Texas and Hawaii. In 2003, he was charged with removability for overstaying his visa and sought an adjustment of status, but admitted to lying about his citizenship to obtain employment, leading to the denial of his application.

Issue

Whether Theodros's false claim of United States citizenship to gain employment rendered him inadmissible and subject to removal under the Immigration and Nationality Act.

Whether Theodros's false claim of United States citizenship to gain employment rendered him inadmissible and subject to removal under the Immigration and Nationality Act.

Rule

Under 8 U.S.C. 1227(a)(3)(D)(i), any alien who falsely represents themselves as a U.S. citizen for any purpose is deportable, and no waiver is available for such inadmissibility under 8 U.S.C. 1182(a)(6)(C)(ii)(I).

Under 8 U.S.C. 1227(a)(3)(D)(i), any alien who falsely represents themselves as a U.S. citizen for any purpose is deportable, and no waiver is available for such inadmissibility under 8 U.S.C. 1182(a)(6)(C)(ii)(I).

Analysis

The court found that Theodros's admission of falsely claiming U.S. citizenship to gain employment was supported by substantial evidence, including his own testimony and a job application where he misrepresented his citizenship status. The IJ determined that this false representation constituted an unwaivable ground for inadmissibility, thus justifying the denial of his status adjustment application.

The court found that Theodros's admission of falsely claiming U.S. citizenship to gain employment was supported by substantial evidence, including his own testimony and a job application where he misrepresented his citizenship status. The IJ determined that this false representation constituted an unwaivable ground for inadmissibility, thus justifying the denial of his status adjustment application.

Conclusion

The court denied Theodros's petition for review, affirming the BIA's decision that he was removable due to his false claim of citizenship.

The court denied Theodros's petition for review, affirming the BIA's decision that he was removable due to his false claim of citizenship.

Who won?

The government prevailed in the case because Theodros's false representation of citizenship was deemed an unwaivable ground for inadmissibility, leading to the denial of his application for status adjustment.

The government prevailed in the case because Theodros's false representation of citizenship was deemed an unwaivable ground for inadmissibility, leading to the denial of his application for status adjustment.

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