Uppal

BACKGROUND

Jaspal Singh Uppal, a native and citizen of India, entered the United States illegally around February 1, 1997, near Blaine, Washington. On July 31, 1998, he was granted asy- lum. On February 4, 2004, he was accorded status as a perma- nent resident.

On April 11, 2006, the Department of Homeland Security (“DHS”) issued Uppal a Notice to Appear. The Notice charged Uppal as removable under 8 U.S.C. § 1227(a)(1)(A). DHS alleged Uppal was inadmissible at the time of his entry and/ or adjustment of status on two grounds: 1) he had been convicted of a crime involving moral turpitude, and 2) he attempted to obtain immigration benefits through fraud or misrepresentation of a material fact. 8 U.S.C. § 1182(a)(2)(A)(i)(I); 8 U.S.C. § 1182(a)(6)(C)(i).

The Notice alleged that on February 21, 1995, Uppal was convicted of aggravated assault in violation of § 268(2) of the Criminal Code of Canada. As a result, Uppal was allegedly deported from Canada to India. In his application for asylum, Uppal made no mention of this conviction or his status as a Canadian permanent resident.

Uppal filed a formal motion to terminate the removal pro- ceedings. On January 9, 2007, without holding…