Sebastian St. Aubyn Murphy v. U.S. Attorney General
662 F. App'x 706
| 11th Cir. | 2016Background
- Murphy, a Jamaican citizen, entered the U.S. in 1990 on a B‑2 visa and overstayed.
- In 2003 Murphy used the name Darien Dukelly to obtain a Florida license and used a U.S. Virgin Islands birth certificate.
- From 2005 to 2007 Murphy obtained credit and identification documents using a false SSN.
- In 2010 Murphy pled guilty to false use of a SSN and aggravated identity theft; served 24 months.
- In 2010 DHS served an amended NTA alleging overstays, false claim of citizenship, and an aggravated theft ground.
- Murphy filed I‑485 and I‑601 in 2011 based on marriage to a U.S. citizen with four U.S.-born children.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Burden and removability grounds | Murphy claims the BIA should address false citizenship before relief and burden shifts improperly. | Government says Murphy conceded overstaying; BIA then considered relief, not shifting burden. | No improper burden shift; relief analyzed after conceding overstays. |
| Burden of proof under 8 C.F.R. §1240.8(d) | Murphy argues burden never shifts to him. | Burden remains on applicant to prove eligibility for relief from removal. | Correct allocation; Murphy bears burden to prove eligibility and admissibility. |
| Adverse credibility finding | BIA/IJ credibility finding relied on implausibility without proper criteria. | Decisions supported by substantial evidence including DMV records and statutory requirements. | Adverse credibility supported; substantial evidence backing denial of relief. |
| Statutory ineligibility for adjustment | Contends he could still be eligible for adjustment despite some grounds. | False claim of U.S. citizenship bars admissibility with no waiver available. | Murphy inadmissible; no waiver available; adjustment denied. |
Key Cases Cited
- Mohammed v. U.S. Att'y Gen., 547 F.3d 1340 (11th Cir. 2008) (substantial evidence standard for credibility and fact-finding)
- Ruiz v. Gonzales, 479 F.3d 762 (11th Cir. 2007) (use of inherent plausibility in credibility determinations)
- Woodby v. INS, 385 U.S. 276 (Supreme Court 1966) (clear-and-convincing burden for removability determinations)
- Alvarado v. U.S. Att'y Gen., 610 F.3d 1311 (11th Cir. 2010) (jurisdiction to review non-discretionary legal determinations on eligibility)