Deportation Charge DefeatedPublished: Jan 28, 2008 By: Matthew L. Kolken Source: My Source
We were able to successfully defeat a charge of deportability against our client, a citizen of
Our client was encountered by Immigration Officials when she was on a Church tour of
At trial the Government presented three separate affidavits from inspecting Immigration Officers all that said that our client said she was “born in Puerto Rico”, and never specifically stated at ay time that she was a United States Citizen. At trial we argued that the Government failed to establish by clear and convincing evidence that our client subjectively understood that a person who was born in Puerto Rico is a United States citizen, and that absent this subjective understanding our client's misrepresentation did not rise to level of being an affirmative false claim to a United States citizenship.
The Judge agreed, and dismissed this ground of deportation. Our client is now eligible to apply for cancellation of removal, which if approved will grant her a Green Card.