Immigration — Adjustment of status

By: WISCONSIN LAW JOURNAL STAFF//August 23, 2012//

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Immigration — Adjustment of status

An alien who voted illegally is ineligible for adjustment of status.

“Kimani’s lawyer hinted that he may not have read the voter-registration form before checking the boxes and signing. Yet, as we explained in Bayo v. Napolitano, 593 F.3d 495, 502–05 (7th Cir. 2010) (en banc), people are bound by what they sign whether or not they read it. One exception, which was important in Bayo, concerns formal waivers written in a language the signatory
does not understand. The representations on the registration form did not waive any rights—and Kimani has not argued that he is unable to read and write in English. Kimani’s failure to read the registration form (if that is what happened) therefore is compatible with the Board’s conclusion that he violated §611 by voting in the 2004 election.”

Petitions Denied.

11-1497 and 11-2955 Kimani v. Holder

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

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