Russell Abrutyn

Abrutyn Law PLLC

3765 12 Mile Road

Berkley, MI 48072

Thursday, April 25, 2013

False claim to USC dooms wife of attorney

Martial-Emanuel v. Holder, No. 12-3903 (6th Cir. Apr. 22, 2013) (unpublished).

In this case, the court affirmed the denial of non-LPR cancellation of removal because of an insufficient showing of hardship.  The foreign national and USC spouse are from Canada.

The decision is notable in that the foreign national was ineligible for adjustment of status because she claimed to be a U.S. citizen on an I-9 and registered to vote so she could renew her driver's license.

In another decision, Yemula v. Holder, No. 12-3858 (6th Cir. Apr. 22, 2013) (unpublished), the foreign national was found by the USCIS to ineligible for adjustment because he claimed to be a citizen on two I-9s.  The IJ did not sustain the 212(a)(9)(C) charge because the I-9 was ambiguous.  Nevertheless, the IJ found him ineligible for adjustment of status on this basis because he had the burden of proving his eligibility for relief.  The noncitizen was doomed in part by his own admissions to falsely claiming to be a U.S. citizen.

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