False claim to citizenship in an I-9 is a false claim under the INA

Ferrans v. Holder, http://www.ca6.uscourts.gov/opinions.pdf/10a0196p-06.pdf.

The alien checked a box on the I-9 form indicating that he was a citizen or national of the U.S. when he actually had no status in the U.S.  He applied for adjustment of status.  The USCIS, the IJ, and the BIA denied his application because he admitted that he falsely claimed to be a U.S. citizen on the I-9 so he could work, making him inadmissible under INA s 212(a)(6)(C)(ii).  There is no waiver for this bar except in very narrow circumstances.

Notably, the alien never claimed that he was claiming to be a U.S. national.

The court affirmed.  The court deferred to the agency's interpretation of the statute and found that the burden was on the alien, an applicant for adjustment of status, to show that he was admissible.  A false claim to citizenship on an I-9 for private employment is for "any purpose or benefit" under the INA.  The court followed decisions from the Fifth, Tenth, and Eighth circuits.