Dejan Radojkovic v. Eric Holder, Jr.

MEMORANDUM

Dejan Radojkovic, a native and citizen of Bosnia and Herzegovina,'petitions for review of the Board of Immigration’s (“BIA”) opinion dismissing his appeal of the Immigration Judge’s (“IJ”) decision rendering him removable for making a material misrepresentation under 8 U.S.C. §§ 1227 (a)(1)(A) & 1182(a)(6)(C)(i), and for having participated or assisted in an extrajudicial ■ killing under 8 U.S.C. §§ 1182 (a)(3)(E)(iii) & 1227(a)(4)(D). See In ve D-R-, 25 I. & N. Dec. 445 (B.I.A. 2011). We have jurisdiction under 8 U.S.C. § 1252 (a) and we grant Radojko-vic’s petition for review.

1. Any alien who, “by fraud or willfully misrepresenting' a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided” under the Act is inadmissible under 8 U.S.C. § 1182 (a)(6)(C)(i). In Forbes v. INS, we held that “[t]he test of whether ‘concealments or misrepresentations [are] material is whether they ha[ve] a natural tendency to influence the decisions of the Immigration and Naturalization Service’ ... [and that] [t]he government must ‘produce[] evidence sufficient to raise an…