United States Fourth Circuit

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Yang v. Holder, 13-1682

Petition for review of a decision of the Board of Immigration Appeals (BIA) affirming the denial of petitioner's various applications for relief from deportation is granted, the BIA decision vacated, and the case remanded for further proceedings, where: 1) it was error to determine that petitioner is inadmissible under 8 U.S.C. section 1182(a)(6)(C)(i), as the record here lacks substantial evidence to support a determination that petition made deliberate and voluntary misrepresentations to procure an immigration benefit; and 2) petitioner did not abandon his adjustment application by failing to submit updated biometric data as required by 8 C.F.R. section 1003.47, as the Immigration and Naturalization Service did not comply with its legal obligation to notify him of the need to provide biometrics.

Appellate Information

  • Decided 10/29/2014
  • Published 10/29/2014


  • King


  • United States Fourth Circuit


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