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Immigration

Immigration – Marriage Falsehoods Stymie Citizenship Hopes (access required)

Injeti v. U.S. Citizenship and Immigration Servs. A district court did not err in finding an Indian citizen was ineligible for U.S. citizenship because she had not been lawfully admitted for permanent residence based on immigration officials’ determination that she had submitted a fraudulent death certificate for her first husband; however, the 4th Circuit vacates the district court decision that appellant had failed to demonstrate good moral character.

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Immigration – ‘Voluntary’ Departure Halted ‘Continuous Presence’ (access required)

Garcia v. Holder : A Mexican national who alleges he entered the U.S. illegally in 1995 and was turned away by INS officers when he returned to the U.S. in 2001 after going to Mexico for his father’s funeral, only to re-enter illegally several days later, failed to meet the “continuous physical presence” requirement of 8 U.S.C. § 1229b to qualify for cancellation of removal; the 4th Circuit denies the petition for review.

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Immigration – No Equitable Tolling from INS Official’s Advice (access required)

Kuusk v. Holder A Russian citizen’s claim that an immigration official erroneously advised she could file for a marriage-based green card directly with the U.S. Customs and Immigration Services even though her asylum appeal was currently pending does not support equitable tolling of the 90-day limit for filing her motion to reopen removal proceedings; the 4th Circuit joins other circuits in recognizing equitable tolling, but says petitioner has failed to show she is entitled to such relief.

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