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Keywords

felonyvisalegislative intentadmissibility
felonyvisalegislative intentadmissibility

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Tima, Matter of

Facts

Gordon Ndok Tima, a native of Cameroon, entered the U.S. on a nonimmigrant student visa in 1989, which expired. To remain in the U.S., he entered into a sham marriage, which led to a felony charge for making false statements. After several years, the government issued a notice of removal based on marriage fraud and a moral-turpitude conviction. Tima sought a fraud waiver under 1227(a)(1)(H), but the immigration judge ruled that the waiver did not apply to his moral-turpitude conviction.

Gordon Ndok Tima, a native of Cameroon, entered the U.S. on a nonimmigrant student visa in 1989, which expired. To remain in the U.S., he entered into a sham marriage, which led to a felony charge for making false statements. After several years, the government issued a notice of removal based on marriage fraud and a moral-turpitude conviction. Tima sought a fraud waiver under 1227(a)(1)(H), but the immigration judge ruled that the waiver did not apply to his moral-turpitude conviction.

Issue

Does the fraud waiver under 8 U.S.C.S. 1227(a)(1)(H) apply to a moral-turpitude conviction, thereby waiving removal under 1227(a)(2)(A)(i)?

Does the fraud waiver under 8 U.S.C.S. 1227(a)(1)(H) apply to a moral-turpitude conviction, thereby waiving removal under 1227(a)(2)(A)(i)?

Rule

The fraud waiver under 8 U.S.C.S. 1227(a)(1)(H) is limited to waiving removal charges based on grounds of inadmissibility and does not extend to removals based on post-admission crimes.

The fraud waiver under 8 U.S.C.S. 1227(a)(1)(H) is limited to waiving removal charges based on grounds of inadmissibility and does not extend to removals based on post-admission crimes.

Analysis

The court analyzed the statutory text and structure of the Immigration and Nationality Act, concluding that the fraud waiver only applies to removals based on inadmissibility. Tima's moral-turpitude conviction was classified as a post-admission crime, which is not covered by the waiver. The court emphasized that the waiver's text and legislative intent do not support extending its application beyond the specified grounds.

The court analyzed the statutory text and structure of the Immigration and Nationality Act, concluding that the fraud waiver only applies to removals based on inadmissibility. Tima's moral-turpitude conviction was classified as a post-admission crime, which is not covered by the waiver. The court emphasized that the waiver's text and legislative intent do not support extending its application beyond the specified grounds.

Conclusion

The court affirmed the denial of Tima's petition for review, holding that the fraud waiver does not apply to his moral-turpitude conviction.

The court affirmed the denial of Tima's petition for review, holding that the fraud waiver does not apply to his moral-turpitude conviction.

Who won?

The government prevailed in the case, as the court upheld Tima's removal based on his moral-turpitude conviction, which was not subject to the fraud waiver.

The government prevailed in the case, as the court upheld Tima's removal based on his moral-turpitude conviction, which was not subject to the fraud waiver.

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