Avila-Anguiano v. Holder

Jose Avila-Anguiano (plaintiff) was a Mexican national who twice made a misrepresentation to United States border authorities during attempts to enter the United States. In the first instance in 1991, Avila-Anguiano falsely claimed that he was a United States citizen. He pled guilty to the charge of making a false claim of citizenship and was returned to Mexico. In 1993, Avila-Anguiano made a second misrepresentation when he failed to disclose that earlier conviction on his visa application. By this time, Avila-Anguiano was married to a United States citizen, and his visa application was approved. The United States (defendant) later began removal proceedings against Avila-Anguiano when these misrepresentations came to light. Avila-Anguiano sought to have the misrepresentations waived as grounds for removal as allowed under certain provisions of the Immigration and Nationality Act (INA). The government contended that under the INA only misrepresentations made at the time of an otherwise lawful admission attempt may be waived and therefore only the 1993 misrepresentation could be waived under the statute, and that Avila-Anguiano must still face deportation for the 1991 misrepresentation. The matter came before the Board of Immigration Appeals, which agreed with the government’s contention. Avila-Anguiano brought a petition for court review of the decision.