19 results for 'cat:"Fraud" AND cat:"Immigration"'.
J. Sales finds a lower court improperly dismissed the Secretary of State for the Home Department's order to deport a native of Belarus. The native of Belarus argued that he is entitled to remain in the U.K. in order to shed his limbo status. However, the Home Department sufficiently showed in court that he was convicted for carrying a false identity document, which landed him in prison for 10 months. Affirmed.
Court: Supreme Court of the United Kingdom, Judge: Sales, Filed On: April 24, 2024, Case #: 2024UKSC13, Categories: Civil Rights, fraud, immigration
J. Laing finds a lower court properly dismissed a native of Pakistan's motion to remain in the U.K. The native of Pakistan argued that she is entitled to remain in the U.K. However, the home department sufficiently showed in court that she engaged in a "sophisticated and organized series of frauds" over a ten year period, which included money laundering and collecting donations for a bogus "spiritual leadership" group, which helped her amass 54 residential properties. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Laing, Filed On: April 16, 2024, Case #: CA-2023-488, Categories: fraud, Government, immigration
[Consolidated]. J. Loken finds a lower court properly removed a Nigerian citizen back to Nigeria for defrauding insurance companies by setting up bogus car crashes in order to collect insurance payouts. The citizen of Nigeria, who pleaded guilty to mail fraud, argued that he was entitled to remain in the U.S. based on a letter submitted to the court by an attorney, even though the letter was supposed to be written by an actual law firm. However, the government sufficiently showed in court that he is removable based on his breach of the plea agreement. Affirmed.
Court: 8th Circuit, Judge: Loken, Filed On: April 10, 2024, Case #: 22-3235, Categories: Evidence, fraud, immigration
J. Thapar finds defendant's guilty plea on a charge of using a fraudulent passport did not violate his due process rights. The trial court gave the required warning regarding immigration consequences and defendant confirmed he understood his citizenship could be revoked as a result of the plea. Affirmed.
Court: 6th Circuit, Judge: Thapar, Filed On: March 16, 2024, Case #: 23-1474, Categories: fraud, immigration, Plea
J. Motz finds the lower court improperly denied the Ghanaian's withholding of removal application. The Ghanaian faces deportation after being convicted of participating in a romance fraud scheme — in which members of the conspiracy made false romantic advances online to induce victims, many of whom were isolated or elderly, to send the conspirators money, who in turn sent the money to a militia in Africa. The lower court found that the amount of loss, the length of the scheme, and its effects on multiple vulnerable victims demonstrated that his crime was particularly serious. Because he was only a middleman between the fraudsters and their Ghanaian allies, he did not present a danger to the community and did not commit a serious enough crime to be barred from relief. Reversed.
Court: 4th Circuit, Judge: Motz, Filed On: March 15, 2024, Case #: 23-1281, Categories: fraud, immigration, Elder Abuse
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J. Wilkinson finds the lower court properly affirmed the U.S. Citizen and Immigration Services decision to deny residence to a citizen of the Czech Republic. The foreign citizen, who attempted twice to claim he was married to an American, was found to be lying about the first marriage, meaning for his second attempt, he didn't pass the marriage fraud bar, which prohibits the approval of petitions on behalf of any noncitizen who has previously been found to have entered into a fraudulent marriage to circumvent immigration laws. Affirmed.
Court: 4th Circuit, Judge: Wilkinson, Filed On: February 14, 2024, Case #: 22-2285, Categories: fraud, immigration, Agency
J. Liebmann dismisses the Argentinian citizen's appeal of the immigration judge's denial of his petition to remove conditions on his residence. The immigrant's wife, a U.S. citizen, withdrew the petition to remove conditions, alleging their marriage was fraudulent. Although the immigrant claims his wife withdrew the petition under duress because she was facing pending criminal charges, she did not testify on his behalf nor provide an affidavit to support his assertions.
Court: Board of Immigration Appeals, Judge: Liebmann , Filed On: February 7, 2024, Case #: 4072, Categories: fraud, immigration
J. Newey finds a lower court properly dismissed a citizen of Burundi's motion to remain in the U.K. The Burundi citizen argued that she is entitled to relief under human rights protection rules. However, she served a sentence for fraudulently claiming benefits by deception. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Newey, Filed On: November 16, 2023, Case #: CA-2022-1723, Categories: fraud, immigration
J. Whipple finds a lower court properly dismissed an Indian national's bid to remain in the U.K. The native of India, who works as a self- employed consultant, argued that he is entitled to reside in the U.K. for the sake of his "private life." However, the Secretary of State for the Home Department presented sufficient evidence in court that he ran a sham technology company. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Whipple, Filed On: November 6, 2023, Case #: CA-2022-894, Categories: Employment, fraud, immigration
Per curiam, the circuit finds that the district court properly dismissed fraud claims brought after plaintiff, a Chinese national, was denied a visa under a program targeted at business investment because the action was untimely filed for either accrual or discovery. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: October 4, 2023, Case #: 22-681-cv, Categories: Civil Procedure, fraud, immigration
J. Loken finds a lower court properly convicted a defendant for making false statements in order to obtain naturalization in the U.S. The defendant argued that the lower court erred in deciding that her false statements were "material." However, the government presented sufficient evidence in court that she presented false testimony and that she is not a person of good moral character. Affirmed.
Court: 8th Circuit, Judge: Loken, Filed On: August 11, 2023, Case #: 22-2617, Categories: fraud, immigration
J. Quattlebaum finds the Board properly determined that the termination of asylum status bars the Albanian from applying for adjustment of status. The Albanian applied for the status of lawful permanent resident after removal proceedings began following his conviction for bank fraud and identity theft. Affirm.
Court: 4th Circuit, Judge: Quattlebaum , Filed On: July 28, 2023, Case #: 23-1322, Categories: fraud, immigration
J. Christopher finds that the trial court properly ruled in favor of the Chinese investor on her fraud claim against a business owner who allegedly used her $1 million investment "for purposes other than creating a business for her to obtain a U.S. visa." The evidence is sufficient to support the jury's finding that the business owner made false representations regarding his use of the individual's investment. Though, fraud damages should not have been assessed against the business owner's wife since she did not take part in the conspiracy. Affirmed as modified.
Court: Texas Courts of Appeals, Judge: Christopher, Filed On: July 27, 2023, Case #: 14-22-00197-CV, Categories: fraud, immigration, Contract
J. Shepherd finds a lower court properly denied a native of Mexico's petition for review to remain in the U.S. The defendant argued that he is entitled to relief based on the violence he would face at the hands of an organized crime ring for his former membership in a Mexican paramilitary group. However, the defendant unlawfully entered the U.S. and obtained a false driver's license, and then failed to show up in court for removability proceedings. Affirmed.
Court: 8th Circuit, Judge: Shepherd, Filed On: July 13, 2023, Case #: 22-1334, Categories: fraud, immigration
Per curiam, the Fifth Circuit dismisses the Honduran citizen’s petition for cancellation of removal. He was found removable due to his bad moral character, evinced by 12 years of misrepresenting his identity to government agencies. Federal law “precludes judicial review of factual findings that underlie a denial of relief.” The Fifth Circuit cannot review the district court’s finding about defendant’s moral character.
Court: 5th Circuit, Judge: Per curiam, Filed On: July 7, 2023, Case #: 21-60956, Categories: fraud, immigration
J. Barrett finds that circuit improperly overturned defendant's conviction for fraudulently luring noncitizens to the U.S. through an "adult adoption" scheme because the clause prohibiting purposeful solicitation and facilitation of specific acts known to violate federal law is not overbroad. Reversed.
Court: US Supreme Court, Judge: Barrett, Filed On: June 23, 2023, Case #: 22-179, Categories: fraud, immigration
J. Chasanow grants the U.S. government’s motion to dismiss economic discrimination claims brought by a married couple after the government twice denied the wife immigration status. The wife, from Tanzania, had been previously married and accused of immigration fraud because her first husband gave too many incorrect answers to interview questions. They divorced, then the woman married another U.S. citizen but was denied status because of her previous deception. She and her husband’s claims that they’re being discriminated against based on their incomes lack standing.
Court: USDC Maryland, Judge: Chasanow, Filed On: June 20, 2023, Case #: 8:22cv2225, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: fraud, immigration