Munoz-Avila v. Holder

Federal 7th Circuit Court
Civil Court
Case Number: 
Nos. 10-3203 et al. Cons.
Decision Date: 
May 3, 2013
Federal District: 
Petition for Review, Order of Bd. of Immigration Appeals
Petition granted
Bd. erred in affirming IJ’s order that: (1) found that alien (native of Mexico) was removable based on fact that alien was in U.S without inspection or admission and/or that alien had falsely represented himself to be U.S. citizen in failed attempt to enter U.S.; and (2) denied alien’s application for adjustment of status due to alien’s false representation of U.S. citizenship. Record failed to support finding that alien had represented himself as U.S. citizen where record showed that baptism certificate used by alien in failed attempt to enter U.S. did not list state or country as place of birth. Fact that baptism occurred in U.S. city four months after birth did not require different result. Accordingly, remand was required for determination as to whether alien should be granted discretionary relief from removal in form of adjustment of status based on his marriage to U.S. citizen.