Jorge Perez-Rodriguez v. Loretta E. Lynch

MEMORANDUM

Jorge Perez-Rodriguez petitions for review of the Board of Immigration Appeals’ (“BIA”) determination that he is removable for, among other things, commission of immigration willful misrepresentation. See 8 U.S.C. § 1182 (a)(6)(C)©. We grant the petition and remand.

Perez argues that the record was insufficient to support the determination- by clear and convincing evidence that he had, in fact, willfully misrepresented that he had an approved petition for a special immigrant visa when he applied to the United States Citizenship and Immigration Services (“USCIS”) for adjustment of status. We agree. We must affirm the ruling of the Immigration Judge (“U”) and the BIA unless “a reasonable factfinder would have to conclude” that the evidence could not support that determination by clear and convincing evidence. Here that evidentia-ry support is lacking.

The government had to demonstrate by clear and convincing evidence that the submission of the allegedly fraudulent notice of approval of a special immigrant visa constituted a “misrepresentation [by Perez that] was deliberate and voluntary.” Forbes v. INS, 48 F.3d 439, 442 (9th Cir. 1995). Here the only material evidence…