Avila-Anguiano v. Holder
File Name: 12a0251p.06 (2012)
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Rule of Law:
The Attorney General's discretionary authority under 8 U.S.C. § 1227(a)(1)(H) to waive an alien's inadmissibility for misrepresentation extends to any misrepresentation that renders the alien inadmissible at the time of admission, regardless of whether the misrepresentation occurred at the time of admission or at some point prior.
Facts:
- Jose Avila-Anguiano, a citizen of Mexico, attempted to enter the United States in 1991 by falsely claiming to a border inspector that he was a United States citizen.
- Avila-Anguiano was subsequently convicted for making a false claim of citizenship and returned to Mexico.
- He later married a United States citizen.
- In 1993, Avila-Anguiano applied for an immigration visa based on his marriage.
- On his visa application, Avila-Anguiano failed to disclose his 1991 conviction for falsely claiming citizenship.
- The Immigration and Naturalization Service (INS) granted him the visa, and he was admitted to the United States.
Procedural Posture:
- The U.S. government commenced removal proceedings against Jose Avila-Anguiano.
- Avila-Anguiano applied for a discretionary waiver of inadmissibility under § 1227(a)(1)(H).
- The Board of Immigration Appeals (BIA), agreeing with the Attorney General's position, held that the waiver did not apply to Avila-Anguiano's 1991 misrepresentation.
- The BIA issued a final order of removal against Avila-Anguiano.
- Avila-Anguiano (as petitioner) filed a petition for review of the BIA's decision with the U.S. Court of Appeals for the Sixth Circuit.
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Issue:
Does the Attorney General's discretion to waive removal for an alien's misrepresentation under 8 U.S.C. § 1227(a)(1)(H) extend to a misrepresentation made years prior to the alien's formal admission to the United States?
Opinions:
Majority - Kethledge, Circuit Judge
Yes. The Attorney General's discretion to waive removal for an alien's misrepresentation under 8 U.S.C. § 1227(a)(1)(H) extends to misrepresentations made prior to the alien's formal admission. The statutory text authorizes a waiver for an alien who was 'inadmissible at the time of admission' as an alien described in § 1182(a)(6)(C)(i). This focuses on the alien's status at the time of admission, not the timing of the misdeed. Section 1182(a)(6)(C)(i) itself defines an inadmissible alien as one who 'has sought to procure' admission through misrepresentation, explicitly contemplating past acts. Because Avila-Anguiano's 1991 misrepresentation rendered him an alien 'described in' that section at the time of his 1993 admission, that misrepresentation is subject to the waiver.
Analysis:
This decision clarifies the temporal scope of the § 1227(a)(1)(H) waiver, rejecting the government's narrow interpretation that only misrepresentations made contemporaneously with admission are waivable. By focusing on the plain text of the statute, the court established that an alien's status of inadmissibility at the time of entry is the key determinant, not when the underlying act of misrepresentation occurred. This ruling broadens the availability of discretionary relief for aliens with qualifying U.S. citizen or permanent resident relatives, potentially preventing removal based on decades-old conduct.
