Fiallo v. Bell, 430 U.S. 787 (1977) (holding an unadmitted nonresident alien does not have a constitutional right to enter the U.S. or to receive a visa).
Kleindienst v. Mandel, 408 U.S. 753 (1972) (holding an unadmitted nonresident alien does not have a constitutional right to enter the U.S. or to receive a visa).
Ortiz-Bouchet v. U.S. Atty. Gen., 714 F.3d 1353 (11th Cir. 2013) (holding alien's departure pursuant to grant of "advance parole" is not within the meaning of the statute making aliens who are unlawfully present inadmissible, and that alien had not willfully misrepresented a fact because alien stated he never saw documents and his signiture was forged).
Cheruku v. Atty. Gen., 662 F.3d 198 (3rd Cir. 2011) (holding advance parole document did not excuse inadmissibility due to unlawful presence).
Gunwan v. Gonzales, 132 Fed. Appx. 997 (3rd Cir. 2005) (holding alien did not present sufficient evidence that failure to attend removal proceedings was due to fraudulent ineffective assistance of non-attorney).
Landon v. Plasencia, 459 U.S. 21 (1982) (holding alien smugglers are inadmissible).
Cortez v. Immigration and Naturalization Service, 395 F.2d 965 (5th Cir. 1968) (holding alien found smuggling another alien for gain is ineligible for a visa and not entitled to a voluntary departure).
Kim v. Gonzales, 152 Fed. Appx. 29 (2d Cir. 2005) (holding substantial evidence supported finding that a lawful permanent resident limousine driver was smuggling aliens).
Hernandez-Ramirez v. Gonzales, 147 Fed. Appx. 698 (9th Cir. 2005) (holding substantial evidence supported finding alien was smuggling cousin into the U.S.).
Juarez-Mendez v. Holder, 377 Fed. Appx. 645 (9th Cir. 2010) (holding alien in the U.S. was not inadmissible due to alien smuggling because acts did not aid or abet attempted alien smuggling).
Aguilar Gonzalez v. Mukasey, 534 F.3d 1204 (9th Cir. 2008) (holding daughter's acquiessence in fathers plan to use her son's birth certificate to smuggle two other infants into the U.S. was not an affirmative act of help, assistance, or encouragement).
Barradas v. Holder, 582 F.3d 754 (7th Cir. 2009) (holding alien does not need to be convicted of alien smuggling to be inadmissible).
Jimenez v. Mukasey, 288 Fed.Appx. 370 (9th Cir. 2008) (another case of inadmissibility due to alien smuggling).
Flores-Macedo v. Gonzales, 231 Fed.Appx. 626 (9th Cir. 2007) (holding alien was not inadmissible because conviction for aiding and abetting an illegal alien to elude examination or inspection is not an "alien smuggling offense.")
Soriano v. Gonzales, 484 F.3d 318 (5th Cir. 2007) (holding an alien may be inadmissible for alien smuggling even if they did not hire the smuggler and were not present at the point of entry into the U.S.).
Para-Rojas v. Atty. Gen., 747 F.3d 164 (3rd Cir. 1014) (holding alien does not need to be convicted of alien smuggling in criminal court to be inadmissible, only aiding, abetting, or encouraging another alien to enter the U.S. illegally, "to enter" is a term of art meaning to cross the border into the U.S. free from official restraint).
Guerrero v. Atty. Gen., 515 Fed.Appx. 146 (3d Cir. 2013) (holding alien's guilty plea to attempting to bring aliens into the U.S. "knowing and in reckless disregard" that they were not authorized to enter was not enough to render alien inadmissible absent evidence she knowingly assisted another alien to enter the U.S. illegally).
Lara-Salas v. Holder, 380 Fed. Appx. 405 (5th Cir. 2010) (holding alien inadmissible for alien smuggling).
Juarez-Mendez v. Holder, 377 Fed. Appx. 645 (9th Cir. 2010) (holding alien was not inadmissible because he had not aided and abetted alien smuggling).
Pantoja-Gayton v. Holder, 366 Fed. Appx. 739 (9th Cir. 2010) (holding alien inadmissible for alien smuggling).
Waivers:
Sanchez v. Holder, 560 F.3d 1028 (9th Cir. 2009) (discussing waivers for alien smugglers).
In re Compean-Guevara, 21 I. & N. Dec. 51, 1995 WL 314391 (B.I.A. 1995) (discussing waivers for alien smugglers).
Pauliukoniene v. Holder, 496 Fed. Appx. 657 (7th Cir. 2012) (another example of inadmissibility due to marriage fraud).
Mayo v. Schiltgen, 921 F.2d 177 (8th Cir. 1990) (another example of inadmissibility due to marriage fraud).
Onyeangoro v. Holder, 310 Fed. Appx. 986 (9th Cir. 2009) (another example of inadmissibility due to marriage fraud).
Bangura v. Hansen, 434 F.3d 487 (6th Cir. 2006) (another example of inadmissibility due to marriage fraud).
Akwasi Agyei v. Holder, 729 F.3d 6 (1st Cir. 2013) (holding separation is not a sufficient basis for finding immigration fraud due to fraudulent marriage, but it is a material fact).
Bazzi v. Holder, 746 F.3d 640 (6th Cir. 2013) (holding sham divorce was also a material misrepresentation).
Hasan v. Holder, 523 Fed. Appx. 787 (2d Cir. 2013) (holding alien inadmissible for marriage fraud even though he claimed money he paid wife to marry him was really a dowery and required by his religion).
Opoku-Agyman v. Perez, 886 F.Supp.2d 1143 (W.D. Mo. 2012) (holding a marriage is not necessarily a sham when it ended in divorce).
Martinez v. U.S. Atty. Gen., 415 Fed. Appx. 189 (11th Cir. 2011) (another example of marriage fraud).
Akem v. U.S. Atty. Gen., 194 Fed. Appx. 648 (11th Cir. 2006) (another example of marriage fraud).
Salas-Velazquez v. I.N.S., 34 F.3d 705 (8th Cir. 19994) (INS cannot waive inadmissibility due to marriage fraud).
Biggs v. I.N.S., 55 F.3d 1398 (9th Cir. 1995) (holding alien who obtains or attempts to obtain a visa by fraudulent marriage is inadmissible).
D'Andrea v. I.N.S., 335 F.2d 377 (6th Cir. 1964) (holding fraudulent marriage made alien inadmissible).
Mayo v. Schiltgen, 921 F.2d 177 (8th Cir. 1990) (holding an alien bears the burden of proof that he or she is unmarried or the marriage is void).
Washington v. U.S. Attorney General, 160 Fed. Appx. 964 (11th Cir. 2005) (holding an alien fraudulently sought immigration benefits and was inadmissible due to fraudulent marriage license).
Dia Nav. Co., Ltd. v. Pomeroy, 34 F.3d 1255 (3rd Cir. 1994) (holding stowaways are inadmissible, and are a disfavored category subject to automatic deportation, without any right to a hearing, unless they seek political assylum).
Cervantes-Gonzales v. I.N.S., 244 F.3d 1001 (9th Cir. 2001) (holding an alien was inadmissible when the alien fraudulently obtained a birth certificate and social security card attempting to obtain a passport).
Matter of L--L--, 9 I. & N. Dec. 324, 1961 WL 12167 (B.I.A. 1961) (holding purchase of a document does not amount to procurement by fraud or willful misrepresentation because document was obtained by tendering something of value).
Sharma v. Reno, 902 F. Supp. 1130 (N.D. Cal. 1995) (holding when an alien bought a counterfeit alien registration card and presented it at the border it was an attempt to enter the U.S. by fraud or willful misrepresentation of material fact).
Kaur v. Holder, 471 Fed. Appx. 729 (9th Cir. 2012) (holding an alien who seeks to procure, has sought to procure, or has procured a visa or other document by fraud or wilful misrepresentation of material fact to enter the U.S. or obtain a benefit under INA is inadmissible).
Esposito v. I.N.S., 936 F.2d 911 (7th Cir. 1991) (holding alien who knowingly obtained false passport is guilty of willful material misrepresentation).
Matter of D--L-- & A--M--, 20 I. & N. Dec. 409, 1991 WL 353529 (B.I.A. 1991) (holding alien who knowingly obtained false passport is guilty of willful material misrepresentation).
Valdez v. Holder, 435 Fed. Appx. 654 (9th Cir. 2011) (holding alien inadmissible due to knowingly presenting invalid green card).
Pastor v. Mukasey, 284 Fed.Appx. 407 (9th Cir. 2008) (holding alien inadmissible for using a false identity and failing to disclose criminal history).
Bueno-Fernandez v. Mukasey, 273 Fed.Appx. 687 (9th Cir. 2008) (holding alien inadmissible for giving border partol agents false documents).
Cooper v. Gonzales, 216 Fed.Appx. 294 (4th Cir. 2007) (holding alien inadmissible for not having a valid green card after it expired while he was in Liberia and for material misrepresentations claiming he lost his green card and had been in the U.S. recently).
Emokah v. Mukasey, 523 F.3d 110 (2d Cir. 2008) (holding there was no "substantial connection" between domestic abuse victim's mistreatement and a prior fraudulent entry to the U.S. unrelated to that mistreatement, "willful misrepresentation" must be done intentionally and deliberately and cannot be the result of an innocent mistake, negligence, or inadvertence).
Ablett v. Brownell, 240 F.2d 625 (D.C. Cir. 1957) (holding a visa obtained by misrepresentation of a material fact is not a valid visa under 8 U.S.C. §1181).
Matter of L--L--, 9 I. & N. Dec. 324, 1961 WL 12167 (B.I.A. 1961); In the Matter of M---, 6 I. & N. Dec. 149, 1954 WL 7829 (B.I.A. 1954) (holding statute making fraud or willful misrepresentation of material fact gronuds for inadmissibility is both retrospective and prospective as applied to individual cases).
Matter of Sarkissian, 10 I. & N. Dec. 109, 1962 WL 12914 (B.I.A. 1962) (only misrepresentations to an official of the U.S. government are grounds for inadmissibility, discussing legal effect of fraud to other foreign governments).
In the Matter of B--A--, H--L--, and B--H--, 6 I. & N. Dec. 584, 1955 WL 8709 (B.I.A. 1955). (holding only misrepresentations to an official of the U.S. government are grounds for inadmissibility, discussing legal effect of fraud to other foreign governments, burden of proof on alien to show misrepresentations did not cut off a line of inquiry that might have resulted in the denial of a visa).
Matter of Gilikevorkian, 14 I. & N. Dec. 454, 1973 WL 29479 (B.I.A. 1973) (holding there must be clear and convincing evidence of a willful misrepresentation for an alien to be inadmissible).
Waivers:
Castro v. Atty. Gen. of U.S., 671 F.3d 356 (3d Cir. 2012) (holding the attorney General cannot normally grant waivers when the individual made false claims of U.S. citizenship).
In re Cervantes-Gonzales, 22 I. & N. Dec. 560, 1999 WL 332842 (B.I.A. 1999) (discussing and applying factors considered in determining if extreme hardship exists).
In the Matter of S--N--, 6 I. & N. Dec. 73, 1954 WL 7820 (B.I.A. 1954) (holding an alien was not inadmissible for fraud or wilful misrepresentation if failure to disclose prior deportation was due to ignorance or inadvertence).
Matter of Diaz, 15 I. & N. Dec. 488, 1975 WL 31561 (B.I.A. 1975) (holding an alien who has another ground of inadmissibility (not just misrepresentation) was ineligible for a waiver).
Delgado v. Mukasey, 516 F.3d 65 (2d Cir. 2008) (holding alien was inadmissible and not eligible for waiver due to prior removal).
Suit v. I.N.S., 594 F.2d 972 (3rd. Cir. 1979) (holding sufficient evidence of "willful" misrepresentation is a showing of voluntary and deliberate acts with knowledge of falsity, so presenting papers an alien knew were forged was a willful misrepresentation and grounds for inadmissibility, knowlged of falsity alone is sufficient to satisfy the scinter element; an untruthful statement such as that applicant does not have children is a material misrepresentation).
Espinoza-Espinoza v. I.N.S., 554 F.2d 921 (9th Cir. 1977) (holding sufficient evidence of "willful" misrepresentation is a showing of voluntary and deliberate acts with knowledge of falsity, no need to show intent to deceive).
Forbs v. I.N.S., 48 F.3d 439 (9th Cir. 1995) (holding a misrepresentation is material when a truthful disclosure would have raised an inference of a disqualifying factor in application for permanent residence).
U.S. v. Wu, 419 F.3d 142 (2d Cir. 2005) (holding rule of lenity did not apply to prosecution for making a false statement in an immigration document and materiality of a false statement is considered in the context of the entire immigration process not just a particular document).
Fedorenko v. U.S., 449 U.S. 490 (1981) (holding materiality of a false statement in a visa application depends on its effect on the applicant's admissibility).
Maikovskis v. I.N.S., 773 F.2d 435 (2d Cir. 1985) (holding material misrepresentation includes both nondisclosure and affirmative misrepresentations because either type of concealment deprives the U.S. government of the chance to investigate).
Solis-Muela v. I.N.S., 13 F.3d 372 (10th Cir. 1993) (holding an alien was inadmissible when acknowledgment of arrest or imprisonment ommitted the detail that it was for a crime of moral turpitude that would have resulted in alien being found inadmissile).
U.S. ex rel Teper v. Miller, 87 F. Supp. 285 (S.D. N.Y. 1949) (holding alien's failure to disclose a prior conviction is only material if it could have resulted in refusal to issue a visa).
Gozun v. Atty. Gen., 375 Fed. Appx. 276 (3d Cir. 2010) (holding material misrepresentation includes both nondisclosure and affirmative misrepresentations because either tyoe of concealment deprives the U.S. government of the chance to investigate).
Matter of D--R--, 25 I. & N. Dec. 445, 2011 WL 1341569 (B.I.A. 2011). (holding material misrepresentation includes both nondisclosure and affirmative misrepresentations because either tyoe of concealment deprives the U.S. government of the chance to investigate).
Avila-Anguiano v. Holder, 689 F.3d 566 (6th Cir. 2012) (holding statute is not restricted to only misrepresentations made at the time of admission to the U.S.)
Mwongera v. I.N.S., 187 F.3d 323 (3rd Cir. 1999) (holding a business visitor was ineligible due to willful misrepresentations understating prior stay in the U.S. and giving inconsistent reasons for this misrepresentation, and governement does not need to show an intent to decieve as long as misrepresentation was willful).
Garcia v. Baker, 765 F. Supp. 426 (N.D. Ill. 1990) (holding an alien inadmissible for an immigrant visa due to prior misrepresentations on application for tourist visa).
Singh v. Gonzales, 141 Fed. Appx. 661 (9th Cir. 2005) (holding alien was inadmissible due to misrepresentation and fraud due to inconsistent under oath statements denying past criminal activity among other grounds for fraud).
Landon v. Clarke, 239 F.2d 631 (1st Cir. 1956) (holding failure to disclose marriage and children was a wilful misrepresentation causing alien to be inadmissible).
Suite v. I.N.S., 594 F.2d 972 (3rd Cir. 1979) (holding failure to disclose marriage and children was a wilful misrepresentation causing alien to be inadmissible).
Daskaloff v. Zurbrick, 103 F.2d 579 (C.C.A. 6th Cir. 1939) (holding failure to disclose marriage and children was a wilful misrepresentation causing alien to be inadmissible).
Mayo v. Schiltgen, 921 F.2d 177 (8th Cir. 1990) (holding failure to disclose marriage and children was a wilful misrepresentation causing alien to be inadmissible).
Vasquez-Mondragon v. I.N.S., 560 F.2d 1225 (5th Cir. 1977) (holding failure to disclose impending divorce was a willful misrepresentation causing alien to be inadmissible).
Castro v. Atty. Gen., 671 F.3d 356 (3d Cir. 2012) (holding misrperesentaion of birthplace (af Puerto Rico rather than Costa Rica) to police did not make alien inadmissible because police did not have power to confer any benefit on alien).
Saeedi v. Roark, 803 F.Supp.2d 381 (W.D. N.C. 2011) (holding political asylee was not inadmissible because there was inadequate evidence he intended to remain in the U.S or to misrepresent his intentions when he entered the U.S.).
Michel v. Holder, 358 Fed. Appx. 980 (9th Cir. 2009) (holding alien inadmissible due to misrepresentations in asylum application).
Sergueeva v. Holder, 324 Fed.Appx. 76 (2d Cir. 2009) (holding alien inadmissible for falsely claiming to be a religious worker).
Hashmi v. Mukasey, 533 F.3d 700 (8th Cir. 2008) (holding alien inadmissible for misrepresentation by claiming he was from United Arab Emirates instead of Pakistan where he was born).
Addo v. Mukasey, 267 Fed.Appx.442 (6th Cir. 2008) (holding even though notice to appear stated only one ground of removability for overstaying visa, Immigration judge had discretion to find alien inadmissible for other gorunds based on fraud).
Ortiz-Bouchet v. U.S. Atty. Gen., 714 F.3d 1353 (11th Cir. 2013) (holding alien was not inadmissible because there was not substantial evidence alien knew about or authorized misrepresentations).
Valadez-Munoz v. Holder, 623 F.3d 1304 (9th Cir. 2010) (holding alien who falsely claimes U.S. citizenship was inadmissible even thought he was engaged to a U.S. citizen).
Ferrans v. Holder, 612 F.3d 528 (6th Ci.r 2010) (holding alien inadmissible for falsely claiming U.S. citizenship to seek employment).
Arreola-Cervantes v. Holder, 360 Fed.Appx. 733 (9th Cir. 2009) (holding alien who admitted to falsely claiming U.S. citizenship was inadmissible).
Rodruguez v. Mukasey, 519 F.3d 773 (8th Cir. 2008) (holding alien inadmissible for false claims of U.S citizenship).
Ramirez-Rodriguez v. Gonzales, 238 Fed.Appx. 77 (6th Cir. 2007) (holding alien inadmissible for false claims of U.S. citizenship).
Agholor v. Holder, 454 Fed. Appx. 360 (5th Cir. 2011) (holding alien inadmissible for false claimes of U.S. citizenship for the purpose of seeking the benefit of a right to vote).
Sandoval v. Holder, 641 F.3d 982 (8th Cir. 2011) (holding alien otherwise inadmissible for false claimes of U.S. citizenship who lacked requisit intent to make a false statment might be amiliorated by the doctrine of timely recantation to avoid harsh results).
Capener v. Napolitano, 981 F.Supp.2d 1119 (D. Utah 2013) (holding alien inadmissible because a false claim of U.S. citizenship to obtain a driver's license was to obtain a benefit and U.S. citizenship need not be central to the benefit obtained).
Ali v. Holder, 536 Fed. Appx. 429 (5th Cir. 2013) (holding alien inadmissible for falsely claiming U.S. citizenship to be able to vote because this is a benefit).
