United States Third Circuit

On petition for review of a BIA denial of the petitioner's motion to reconsider the sustaining of an immigration judge's order that the petitioner be removed to Costa Rica on the basis of a false claim to US citizenship, the petition is granted and the case remanded where the BIA’s construction of the "purpose or benefit" language of 8 USC section 1182(a)(6)(C)(ii) was contrary to law, and the BIA abused its discretion in denying the petitioner's motion to reconsider its decision on this ground.

Appellate Information

• Decided 02/14/2012
• Published 02/14/2012

Judges

• Pollak

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Joseph C. Sekula, Lisa M. Damiano