Yang v. I.N.S.
| Decision Date | 22 June 1995 |
| Docket Number | No. 93-70899,93-70899 |
| Parties | Yueh-Shaio YANG, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. |
| Court | U.S. Court of Appeals — Ninth Circuit |
Gail A. Dulay and Howard Hom, Los Angeles, CA, for petitioner.
Norah Ascoli Schwarz and Michele Y.F. Sarko, Office of Immigration Litigation, Civil Division, U.S. Dept. of Justice, Washington, DC, for respondent.
Petition to Review a Decision of the Immigration and Naturalization Service.
Before: McKAY, * REINHARDT, and FERNANDEZ, Circuit Judges.
Petitioner, Mr. Yang, claims that the Board of Immigration Appeals abused its discretion in refusing to grant him a discretionary waiver under Section 241(a)(1)(H) of the Immigration and Nationality Act, 8 U.S.C.A. Sec. 1251(a)(1)(H) (West Supp.1994). Mr. Yang concedes that he is deportable, but argues that the BIA improperly considered impermissible factors in denying the waiver.
The BIA considered several adverse factors in declining to grant the waiver. First, the BIA seems to have considered Mr. Yang's participation in his wife's fraudulent entry into the country, including his taking part in sham divorces and remarriages. These activities were clearly inextricably intertwined with Mr. Yang's own efforts to secure entry into the country and must be considered part of the initial fraud. Thus, the BIA improperly considered these acts as adverse factors.
The BIA also considered as an adverse factor the fact that Mr. Yang has submitted a fraudulent application for citizenship. The BIA apparently viewed this as a separate fraud from the initial series of frauds that allowed Mr. Yang to gain access to the country and become a lawful resident in the first place. However, in the recent case of Delmundo v. INS, 43 F.3d 436, 440-41 (9th Cir.1994), we held that the fraudulent acts committed in applying for permanent resident status and obtaining a driver's license, social security card, and voter's identification card were an extension of the initial fraudulent entry and could not be considered by the BIA in denying a discretionary waiver of excludability. We think that applying for citizenship is similar in kind to the acts at issue in Delmundo and also must be considered an extension of the initial fraud. Thus, the BIA improperly considered this fraudulent act.
Finally, the BIA considered as an adverse factor Mr. Yang's "apparent lack of candor" before...
To continue reading
Request your trial
-
In re Cervantes-Gonzalez
...the initial fraud of purchasing a fake birth certificate. See INS v. Yueh-Shaio Yang, 519 U.S. 26 (1996), reversing Yang v. INS, 58 F.3d 452 (9th Cir. 1995); see also discussion 4. IIRIRA § 349 amended section 212(i) of the Act to require a showing of extreme hardship to an alien's United S......
-
In re Cervantes-Gonzalez
...the initial fraud of purchasing a fake birth certificate. See INS v. Yueh-Shaio Yang, 519 U.S. 26 (1996), reversing Yang v. INS, 58 F.3d 452 (9th Cir. 1995); see also discussion 4. IIRIRA § 349 amended section 212(i) of the Act to require a showing of extreme hardship to an alien's United S......
-
Immigration and Naturalization Service v. Yang
...who engage in a pattern of immigration fraud from aliens who commit a single, isolated act of misrepresentation. Pp. ___-___. 58 F.3d 452 (C.A.9 1995), SCALIA, J., delivered the opinion for a unanimous Court. Beth S. Brinkmann, Washington, DC, for petitioner. Howard Hom, Los Angeles, CA, fo......
-
IMMIGRATION AND NATURALIZATION SERVICE v. YUEH-SHAIO YANG
...as respondent who engage in a pattern of immigration fraud from aliens who commit a single, isolated act of misrepresentation. Pp. 29-32.58 F. 3d 452, 27SCALIA, J., delivered the opinion for a unanimous Court.Beth S. Brinkmann argued the cause for petitioner. With her on the briefs were Sol......