U.S. Court of Appeals for the Second Circuit
Admissibility — False Representation of Citizenship
Crocock v. Holder
Judges Wesley, Lohier and Mauskopf
Background: The petitioner sought review of an order of the Board of Immigration Appeals finding him ineligible for adjustment of status due to his inadmissibility under the Immigration and Nationality Act. The petitioner had allegedly falsely represented himself as a U.S. citizen.
Ruling: The Second Circuit affirmed. The court had found that the petitioner had checked the “citizen or national” box on an I-9 Employment Eligibility Verification Form. The petitioner argued that the statement was ambiguous and that the I-9 alone was insufficient to establish his inadmissibility. The burden of proof was on the petitioner to prove that he was admissible and that he had not mistakenly or intentionally claim he was a U.S. citizen, which he failed to do.
James E. Swaine for the petitioner; Brooke M. Maurer of the Office of Immigration Litigation, for the respondent