Blanco

FACTS AND PRIOR PROCEEDINGS

Blanco is a native and citizen of Argentina who has been living in the United States since 1978. In 2001, Blanco trav- eled to Mexico with his wife and a co-worker to deliver a truckload of furniture. He was stopped by the Border Patrol BLANCO v. MUKASEY 1879 when he applied for admission into the United States. He presented a California driver’s license, social security card and various membership cards to the Border Patrol agents, but did not have immigration documents. The officer at the pri- mary inspection point suspected that Blanco had made a false claim to U.S. citizenship and referred him to secondary inspection for further questioning, which led to his being placed in detention. The Immigration and Naturalization Ser- vice (“INS”)1 thereafter instituted removal proceedings against him.

The INS charged Blanco with being inadmissible under 8 U.S.C. § 1182(a)(7)(A)(i)(I) as an alien who was not in pos- session of valid entry documents, and under § 1182(a)(6) (C)(ii) as an alien who made a false claim to U.S. citizenship in order to gain entrance to the United States.2 Blanco con- tested these charges and also…