Kimani v. Holder

Bd. did not err in denying alien's petition for adjustment of status to that of permanent resident and then ordering his removal after noting that alien had overstayed his visa and finding that alien had previously misrepresented his citizenship status when registering to vote and then voted in 2004 general election. Aliens who vote in elections violate 18 USC section 611 and are deemed inadmissible under 8 USC section 1182(a)(10)(D)(i). Moreover inadmissible aliens are ineligible for adjustment of status. Ct. rejected alien's argument that violation of section 611 requires proof that he knew that it was unlawful for him to vote. Ct. also rejected alien's claim that he was victim of entrapment by estoppel since alien failed to show that any public official had told him that it was lawful for aliens to claim to be U.S. citizens, or that official had directed him to vote.