Immigration — Adjustment of status

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Immigration — Adjustment of status

An alien is eligible for adjustment of status, even though she voted illegally, if she can make a defense of official authorization.

“Our opinion in Kimani observes that state motor-vehicle registrars lack authority to put aliens on the voting rolls. We did not mean, however, that motor-vehicle registrars lack all authority concerning voting. The motor-voter legislation authorizes officials in a department of motor vehicles to register people for federal elections. 42 U.S.C. §§ 1973gg–3(a)(1), 1973gg–6(a). The power to register someone supposes some authority to ascertain whether legal qualifications have been met, and officials are supposed to inform applicants about the eligibility rules for voting. 42 U.S.C. §1973gg(a)(5). These officials thus are entitled to speak for the government on that subject.

What they say is not conclusive, but the official-authorization defense does not depend on the public official being right when giving approval. Our opinion in Kimani concerned someone who represented himself to be a citizen; but we must assume that Elizabeth Keathley represented herself to be an alien. That’s why (she says) she thought the official’s conduct implied (though
wrongly) that aliens could vote.”

Petition Granted.

11-1594 Keathley v. Holder

Petition for Review of Orders of the Board of Immigration Appeals, Easterbrook, J.

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