Jamieson v. Gonzales
| Decision Date | 14 September 2005 |
| Docket Number | No. 04-2280.,04-2280. |
| Citation | 424 F.3d 765 |
| Parties | Howard JAMIESON, Petitioner, v. Alberto GONZALES, Attorney General of the United States of America, Respondent. |
| Court | U.S. Court of Appeals — Eighth Circuit |
v.
Alberto GONZALES, Attorney General of the United States of America, Respondent.
Page 766
Counsel who represented the appellant was Rekha Sharma-Crawford, Overland Park, Kansas.
Counsel who represented the appellee was USDOJ John E. Cunningham III, Washington, D.C.
Before MELLOY, COLLOTON, and GRUENDER, Circuit Judges.
MELLOY, Circuit Judge.
Howard Jamieson seeks review of a Final Order of the Board of Immigration Appeals (the "Board") dismissing his appeal of a decision by an immigration judge ("IJ"). We affirm.
Jamieson, a native of Jamaica, last entered the United States on August 4, 1997. On that date, Jamieson crossed the border from Mexico to the United States with a group of men. At the border, Jamieson answered "U.S." when he was asked about his "citizenship or country."
After entering the country, Jamieson resided in Kansas City with a friend. In 1998, Jamieson purchased a blank Minnesota birth certificate and a completed W-2 form with the name "Chris Williams." Jamieson adopted the name "Chris Williams" as his alias and lived and worked in the United States using that name.
In 2001, Jamieson met Winifred Varner, a United States citizen. In 2002, they had a son and, in 2003, they were married. Jamieson and Varner lived together as husband and wife and raised their son as well as two of Varner's children from a previous relationship.
Page 767
On December 3, 2002, the Kansas City, Missouri Police Department contacted the Immigration and Naturalization Service (INS) about Jamieson. The Police Department suspected that Jamieson, who had been charged with domestic violence, was an illegal alien. On that same day, an INS agent conducted a phone interview with Jamieson. During that call, Jamieson admitted that he had purchased a fraudulent W-2 and birth certificate.
On December 4, 2002, the government issued a Notice to Appear to Jamieson based upon the fact that Jamieson misrepresented his citizenship in violation of Sections 237(a)(1)(A) and 237(a)(3)(D) of the Immigration and Nationality Act ("the Act"), 8 U.S.C. § 1227. During his deportation hearing, Jamieson was represented by an attorney, who Jamieson now argues did not effectively represent him. On March 17, 2003, the IJ found Jamieson removable and denied all relief.
Upon timely appeal, on May 5, 2004, the Board of Immigration Appeals denied Jamieson's claim and adopted the decision of the IJ. The Board also denied Jamieson's claim that he received ineffective assistance of counsel during his hearing before the IJ. Jamieson then filed an appeal with this court and requested a stay. We denied the stay. Jamieson voluntarily surrendered for removal and has now been deported.
We review Board determinations on questions of law de novo, but give substantial deference to the Board's statutory interpretations. INS v. Aguirre-Aguirre, 526 U.S. 415, 424, 119 S.Ct. 1439, 143 L.Ed.2d 590 (1999). We review factual findings of the Board and IJ under a substantial evidence standard. INS v. Elias-Zacarias, 502 U.S. 478, 481, n. 1, 112 S.Ct. 812, 117 L.Ed.2d 38 (1...
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