Justia Immigration Law Opinion Summaries

Muiruri, a native of Kenya, overstayed his student visa. Immigration officials apprehended him. In a sworn statement, Muiruri admitted to falsely representing himself as a U.S. citizen. The Department of Homeland Security charged him with two counts of removability: overstaying his visa, INA 237(a)(1)(C)(I), and falsely representing himself as a U.S. citizen, INA 237(a)(3)(D). He applied for adjustment-of-status based on marriage to a U.S. citizen. A month before his removal hearing, Muiruri filed a “Motion to Suppress,” arguing he had been illegally searched and seized, and his sworn statement coerced, and a lack of sufficient evidence for the false-representation charge. Two weeks later, the government submitted “to be considered by the Immigration Court at [Muiruri’s] hearing” I-9 forms and an employment application. In each, Muiruri checked the box indicating U.S. citizenship. A week before the removal hearing the immigration judge denied the Motion to Suppress and found a violation of INA 237(a)(3)(D). The BIA affirmed. The Eighth Circuit denied a petition for review, View "Muiruri v. Lynch" on Justia Law