In re Barcenas-Barrera

25 I. & N. Dec. 40 (2009)

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In re Barcenas-Barrera

Board of Immigration Appeals
25 I. & N. Dec. 40 (2009)

Facts

Olga Barcenas-Barrera (plaintiff) was a native and citizen of Mexico. Barcenas-Barrera gave her employer a fake Social Security card and birth certificate. The employer rejected these fake documents. Barcenas-Barrera applied for a passport, which she intended to provide to her employer as proof of her authorization to work. On the passport application, which she signed, Barcenas-Barrera falsely stated that she was born in Texas. The following year, Barcenas-Barrera’s status was adjusted to that of a lawful permanent resident after her marriage to a United States citizen. Subsequently, Barcenas-Barrera pleaded guilty to willfully and knowingly making a false statement on an application for a passport in violation of federal law. After her conviction, Barcenas-Barrera had a hearing to determine whether she was inadmissible at the time of her status adjustment. An immigration judge (IJ) found that Barcenas-Barrera was not inadmissible at the time of her adjustment of status and thus not removable. The IJ’s decision was based on the determination that Barcenas-Barrera had not falsely represented herself as a United States citizen on her passport application. The Department of Homeland Security (DHS) appealed the IJ’s decision.

Rule of Law

Issue

Holding and Reasoning (Malphrus, J.)

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