Valadez-Munoz v. Holder
2010 U.S. App. LEXIS 22423
| 9th Cir. | 2010Background
- Valadez-Munoz, a Mexican citizen, entered the U.S. without inspection in 1987 and resided there thereafter with intermittent Mexican visits.
- He used a Texas birth certificate belonging to Robert Moreno and a California license to obtain employment under that identity.
- In 1997, at the Texas border, Valadez attempted to reenter using the same false credentials; after questioning, he ultimately confessed his true identity.
- He withdrew his admission request and returned to Mexico, then reentered the U.S. without inspection a few days later.
- Valadez married a U.S. citizen in 1998; their children were U.S. citizens born in 1999 and 2004.
- Removal proceedings were initiated in 2003; the IJ found him removable for a false claim of U.S. citizenship, and a separate cancellation of removal claim was denied due to a break in continuous presence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Adjustment eligibility on citizenship false claim | Valadez argues not eligible due to error in BIA finding. | Valadez's false claim renders him inadmissible; burden on him to prove eligibility clearly. | Valadez inadmissible; no adjustment of status. |
| Cancellation of removal continuity requirement | Continuous presence argued to have continued despite brief departure. | Voluntary withdrawal/departure interrupted continuity under controlling precedents. | Continuity interrupted; not eligible for cancellation. |
Key Cases Cited
- United States v. Karaouni, 379 F.3d 1139 (9th Cir. 2004) (burden-shifting inquiries into citizenship claims at border)
- United States v. Garcia, 739 F.2d 440 (9th Cir. 1984) (earlier border-citizenship representations context)
- Smiley v. United States, 181 F.2d 505 (9th Cir. 1950) (circumstances where claim of citizenship lacks clarity)
- Pichardo v. INS, 216 F.3d 1198 (9th Cir. 2000) (burden of proving admissibility after false representation)
- Llanos-Senarillos v. United States, 177 F.2d 164 (9th Cir. 1949) (timely recantation doctrine for false claims)
- United States v. Juarez-Ramos, 485 F.3d 509 (9th Cir. 2007) (continuous presence interrupted by removal proceedings)
- Landin-Zavala v. Gonzales, 488 F.3d 1150 (9th Cir. 2007) (broad interpretations of continuous physical presence)
- Tapia v. Gonzales, 430 F.3d 997 (9th Cir. 2005) (bare border stop not enough to interrupt presence)
- United States v. Elias-Zacarias, 502 U.S. 478 (1992) (burden on alien to prove admissibility; substantial evidence standard)