Making False Statement on Immigration Application is Deportable Aggravated Felony

11th Circuit Court of Appeals Concludes That Petitioner’s Federal Conviction for Making False Statements in an Immigration Application Was an Aggravated Felony

The court denied the petition for review, holding that because the petitioner was convicted of making false statements in an immigration application in violation of 18 USC §1546(a) and his sentence was for greater than one year, his conviction expressly fell within the definition of an aggravated felony in INA §101(a)(43)(P).

Accordingly, the court found that the BIA properly dismissed the petitioner’s appeal, because the IJ correctly denied his motion to terminate his removal proceedings and his application for cancellation of removal on the ground that his §1546(a) convictions were aggravated felonies. (Germain v. Att’y Gen., 8/18/21)

Click link to view case: Germain v. Att’y Gen., 8/18/21