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Immigration — removal

United States Court of Appeals


Immigration — removal

An alien convicted of conspiring to submit false immigration documents is removable.

“The absence of limiting language in the parenthetical description of § 1546 shows that Congress intended the parenthetical as a descriptive shorthand, a way to signal a reader about the content of a statute outside the Immigration and Naturalization Act, rather than as a limiting clause that would restrict the universe of § 1546 fraud and misuse convictions that make an alien deportable under § 1227(a)(3)(B)(iii). In addition, Gourche has not suggested, and we have not been able even to imagine, a reason why Congress would have (a) wanted to draw a line for purposes of deportability between fraud in immigration documents presented at the time of entry and fraud in other immigration documents, or (b) chosen to draw such a line with such oblique language. Because Gourche was convicted of conspiracy to violate 18 U.S.C. § 1546, the Board did not err in finding him removable under 8 U.S.C. § 1227(a)(3)(B)(iii).”

Petition Denied.

11-1622 Gourche v. Holder

Petition for Review of an Order of the Board of Immigration Appeals, Hamilton, J.

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