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Matter of BARCENAS-BARRERA, Interim Decision #3647, 25 I&N Dec. 40 (BIA 2009)

Published: Jun 22, 2009 By: Board of Immigration Appeals Source: My Source

Matter of BARCENAS-BARRERA, Interim Decision #3647, 25 I&N Dec. 40 (BIA 2009) -

(1) An alien who willfully and knowingly makes a false representation of birth in the United States on a passport application is inadmissible under section 212(a)(6)(C)(ii) of the Immigration and Nationality Act, 8 U.S.C. § 1182(a)(6)(C) (ii) (2006), for making a false representation of United States citizenship.

(2) The respondent, who was convicted of violating 18 U.S.C. § 1542 (2006) for falsely representing that she was born in the United States on an application for a passport, is removable under section 237(a)(1)(A) of the Act, 8 U.S.C. § 1227(a)(1)(A) (2006), as an alien who was inadmissible at the time of her adjustment of status under section 212(a)(6)(C)(ii) of the Act.

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