Fernandez v. Attorney General United States, 072216 FED3, 16-1184
|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|
|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|
Submitted 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 July 7, 2016
On Petition for Review of an Order of the Board of Immigration Appeals (Agency No. A056 181 829) Immigration Judge: Honorable Rosalind K. Malloy
Before: CHAGARES, GREENAWAY, JR., and GARTH, Circuit Judges
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 admission within five years of his previous removal without prior consent of the Attorney General; and (2) INA § 237(a)(1)(A) [8 U.S.C. § 1227(a)(1)(A)] and INA 212(a)(6)(C)(i) [8 U.S.C. § 1182(a)(6)(C)(i)]; i.e., that he was inadmissible because he sought to procure, or had procured, a visa or other immigration benefit by fraud or by...
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