655 Fed.Appx. 60 (3rd Cir. 2016), 16-1184, Fernandez v. Attorney General United States

Docket Nº:16-1184
Citation:655 Fed.Appx. 60
Opinion Judge:PER CURIAM
Party Name:JUAN RAMIRES FERNANDEZ FERNANDEZ, a/k/a ANDRES MADERA ALBERTO FERNANDEZ, a/k/a ADALBERTO FERNANDEZ FERNANDEZ, Petitioner v. ATTORNEY GENERAL UNITED STATES OF AMERICA
Attorney:For Juan Ramires Fernandez Fernandez, Petitioner: Pablo S. Hurtado, Esq., Fort Myers, FL. For Attorney General United States of America, Respondent: Monica G. Antoun, Esq., Elizabeth R. Chapman, Esq., United States Department of Justice, Office of Immigration Litigation, Washington, DC.
Judge Panel:Before: CHAGARES, GREENAWAY, JR., and GARTH, Circuit Judges.
Case Date:July 22, 2016
Court:United States Courts of Appeals, Court of Appeals for the Third Circuit
 
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Page 60

655 Fed.Appx. 60 (3rd Cir. 2016)

JUAN RAMIRES FERNANDEZ FERNANDEZ, a/k/a ANDRES MADERA ALBERTO FERNANDEZ, a/k/a ADALBERTO FERNANDEZ FERNANDEZ, Petitioner

v.

ATTORNEY GENERAL UNITED STATES OF AMERICA

No. 16-1184

United States Court of Appeals, Third Circuit

July 22, 2016

Submitted July 7, 2016, on Respondent's Motion for Dismissal for Lack of Jurisdiction or Summary Action Pursuant to Third Circuit LAR 27.4 and I.O.P. 10.6

NOT PRECEDENTIAL

Editorial Note:

This opinion is not regarded as Precedents which bind the court under Third Circuit Internal Operating Procedure Rule 5.7. (See Federal Rule of Appellate Procedure Rule 32.1)

On Petition for Review of an Order of the Board of Immigration Appeals. (Agency No. A056 181 829). Immigration Judge: Honorable Rosalind K. Malloy.

For Juan Ramires Fernandez Fernandez, Petitioner: Pablo S. Hurtado, Esq., Fort Myers, FL.

For Attorney General United States of America, Respondent: Monica G. Antoun, Esq., Elizabeth R. Chapman, Esq., United States Department of Justice, Office of Immigration Litigation, Washington, DC.

Before: CHAGARES, GREENAWAY, JR., and GARTH, Circuit Judges.

OPINION[*]

PER CURIAM

Juan Ramires Fernandez Fernandez, a native and citizen of the Dominican Republic, petitions for review of an order of the Board of Immigration Appeals (" BIA" ). We will dismiss the petition in part and deny it in part.

Fernandez attempted to enter the United States in December 2000, but was removed using expedited removal procedures under § 235(b)(1) of the Immigration and Nationality Act (" INA" ) [8 U.S.C. § 1225(b)(1)], because he did not have proper documents (the biographical page in the passport he was using did not appear to be genuine). The " Notice to Alien Ordered Removed" provided that Fernandez was prohibited from entering the United States for five years. A.R. 501. In November 2002, he was admitted to the United States as an immigrant spouse of a lawful permanent resident, having noted on his visa application that he had never been refused admission to the United States at a port of entry. A.R. 498.

Fernandez appeared for a naturalization interview in April 2009. On his N-400 naturalization application, he indicated that he had never " lied to any U.S. government official to gain entry or admission into the United States," see A.R. 481, and that he had never " been removed, excluded, or deported from the United States," see A.R. 482. Although he had used a different alien number and different name when he attempted to enter the United States in 2000, a fingerprint match identified him as the person who had made that attempt. Fernandez's N-400 was denied, and he was placed in removal proceedings. After amendment, the final charges asserted that he was removable pursuant to: (1) INA § 237(a)(1)(A) [8 U.S.C. § 1227(a)(1)(A)] and INA § 212(a)(9)(A)(i) [8 U.S.C. § 1182(a)(9)(A)(i)]; i.e., that he was inadmissible because he was seeking...

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