Youssef

I. Factual and Procedural Background

Youssef, a citizen of Egypt, was admitted to the United States on a six-month visitor visa on February 4, 1999. On August 6, 1999, Youssef’s authorization to stay in the United States was extended to February 3, 2000. Notwithstanding, Youssef remained in the United States beyond that date with- out further authorization. On January 30, 2001, removal pro- ceedings were initiated against Youssef.

Three years later, and while his removal proceedings were pending, Youssef married a U.S. citizen. He then filed a Form I-485 with the Department of Homeland Security to adjust his status to a lawful permanent resident by virtue of his marriage to a U.S. citizen. Youssef signed the Form I-485, attesting, under penalty of perjury, the information in the Form I-485 was true and correct. One question on the form asked Youssef if he had “ever, in or outside the U.S. been arrested, cited, charged, indicted, fined or imprisoned for breaking or violat- ing any law or ordinance, excluding traffic violations.” Youssef checked “No.”

Contrary to this response, Youssef had been arrested, charged, and convicted of knowingly disobeying or resisting the lawful…