Suite v. Immigration and Naturalization Service, 78-2068
| Citation | 594 F.2d 972 |
| Decision Date | 15 March 1979 |
| Docket Number | No. 78-2068,78-2068 |
| Parties | Algernon E. W. SUITE, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. |
| Court | United States Courts of Appeals. United States Court of Appeals (3rd Circuit) |
Austin J. McGreal, Philadelphia, Pa., for petitioner.
Philip Wilens, Chief, Government Regulations and Labor Section, Cr. Div., James P. Morris, Chester J. Halicki, Attys. Dept. of Justice, Washington, D. C., Robert S. Forster, Jr., Asst. U. S. Atty., Philadelphia, Pa., for respondent.
Before ALDISERT, ADAMS and HIGGINBOTHAM, Circuit Judges.
Algernon Suite petitions for review of an order entered by the Board of Immigration Appeals that dismissed his appeal from a determination by an Immigration Judge that he be deported to Trinidad but granting him the right to depart voluntarily. Suite was charged with procuring a visa or other documentation by fraud or willful misrepresentation of a material fact, in contravention of 8 U.S.C. § 1182(a)(19), a violation which constitutes a ground for deportation under 8 U.S.C. § 1251(a)(1). Because we hold that knowledge of the charged falsity satisfies the fraud and willfulness requirements of § 1182(a)(19), we deny the petition for review.
Suite concedes that he submitted both a forged letter and a forged employment certification application to the consular office in Trinidad when he applied for his immigrant visa. 1 He argues, however, that his submission of the letter and application was not a "willful" misrepresentation, because he was confused about which documents should be presented and that this confusion was caused by officials of the Immigration and Naturalization Service. According to Suite's testimony at his deportation hearing, he had intended to submit a valid letter and employment offer from his employer at the time of the visa proceeding before the Trinidad consul, but was instructed by unnamed personnel in the Immigration and Naturalization Service to present documents from a different individual, who was listed as his employer on his labor certification document. Relying on that testimony Suite contends on appeal that he did not commit a willful misrepresentation, as that term is used in 8 U.S.C. § 1182(a) (19), because he had no intent to deceive.
Although the meaning of a term will vary with the context in which it is used in a particular statute, recent judicial and administrative decisions have interpreted "willful" for purposes of § 1182(a)(19) as entailing voluntary and deliberate activity, and have held that knowledge of the falsity of a representation is sufficient to satisfy the scienter element of that section. See Espinoza-Espinoza v. Immigration & Naturalization Service, 554 F.2d 921, 925 (9th Cir. 1977); Matter of Hui, 15 I....
To continue reading
Request your trial
-
U.S. v. Reve, CIVIL ACTION NO. 01-1483 (MLC).
...Serv., 113 F.3d 549, 554 (5th Cir.1997); Forbes v. Immigr. & Natur. Serv., 48 F.3d 439, 442 (9th Cir.1995); Suite v. Immigr. & Natur. Serv., 594 F.2d 972, 973 (3d Cir.1979). The Court notes that the government was not required to submit proof of intent to deceive. Mwongera, 187 F.3d at 330.......
-
Matter of Kulle
...at entry under section 212(a)(19) of the Act. See Matter of S____ and B____C____, 9 I&N Dec. 436 (BIA 1960; A.G. 1961); cf Suite v. INS, 594 F.2d 972 (3d Cir. 1979). He specifically admits that he concealed his wartime activities in order to obtain an immigrant visa to enter the United Stat......
-
Matter of Shirdel, Interim Decision Number 2958
...the meaning of section 212(a)(19) of the Act. See Matter of S---- and B----C----, 9 I&N Dec. 436 (BIA 1960; A.G. 1961); cf. Suite v. INS, 594 F.2d 972 (3d Cir. 1979). Yet, their use of the passport and statements to airline officials were not made in connection with the procurement of a vis......
-
Garcia v. I.N.S.
...terms of subjective intent and, indeed, the INS's longstanding interpretation of the statute supports such a reading. See Suite v. INS, 594 F.2d 972, 973 (3d Cir.1979) (stating that "recent judicial and administrative decisions have interpreted 'willful' for purposes of section 212(a)(19) a......