Background

• Mendoza, a Mexican national, admitted he misrepresented his marital status when he adjusted to lawful permanent resident in 1979.
• In 2015 DHS charged Mendoza as removable based on a controlled-substance conviction under 8 U.S.C. § 1227(a)(2)(B)(i), not on fraud or misrepresentation grounds.
• Mendoza sought a § 1227(a)(1)(H) waiver of removability for fraud/misrepresentation tied to his adjustment of status.
• The IJ held Mendoza ineligible for the fraud waiver because DHS did not charge him with removability based on fraud/misrepresentation; DHS was not required to do so despite Mendoza’s admission.
• The BIA affirmed, reasoning the § 1227(a)(1)(H) waiver applies only when removal is sought on the grounds of fraud/misrepresentation, and Mendoza’s sole ground of removability was a drug conviction.
• Mendoza appealed only the waiver-eligibility ruling; the court reviewed the legal question de novo and deferred to the BIA’s statutory interpretation.

Issues

Key Cases Cited

• Reid v. INS, 420 U.S. 619 (1975) (fraud waiver applies only when deportation is sought on fraud/admission-ineligibility grounds)
• INS v. Errico, 385 U.S. 214 (1966) (context for waiver application regarding quota-related deportation)
• Omari v. Holder, 562 F.3d 314 (5th Cir. 2009) (exhaustion requirement under 8 U.S.C. § 1252(d)(1))
• Zhu v. Gonzales, 493 F.3d 588 (5th Cir. 2007) (consideration of IJ decision when reviewing BIA ruling)
• Vasquez-Martinez v. Holder, 564 F.3d 712 (5th Cir. 2009) (deference to BIA statutory interpretation)