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In re Peña

26 I. & N. Dec. 613 (2015)

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In re Peña

Board of Immigration Appeals
26 I. & N. Dec. 613 (2015)

Facts

Alcibiades Antonio Peña (plaintiff) was a native and citizen of the Dominican Republic. Peña married a United States citizen who filed a visa petition on his behalf. On Peña’s application for change of status, Peña stated that he did not have prior arrests. The Department of Homeland Security (DHS) obtained records showing that Peña had been charged with passport fraud. The DHS requested that Peña provide documentation regarding the resolution of his passport-fraud charge. Peña’s application for change of status to lawful permanent resident was then granted. Peña later left the United States on a trip abroad. When Peña returned, he admitted to an immigration official that he had previously been arrested for passport fraud. The DHS issued a notice to appear and charged Peña as inadmissible based on his prior ineligibility for adjustment of status. An immigration judge (IJ) found that Peña’s permanent-resident status was unlawfully obtained and that Peña could therefore be deemed an arriving alien and charged under § 212(a) of the Immigration and Nationality Act (INA). The IJ ordered Peña removed from the United States. Peña appealed.

Rule of Law

Issue

Holding and Reasoning (Cole, J.)

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