Alaa Obeid v. Loretta E. Lynch

MEMORANDUM

In 2004, after being charged with remov-ability, petitioner Alaa Obeid applied for adjustment of status to that of a person admitted for lawful permanent residence on the basis of his marriage to a U.S. citizen. See 8 U.S.C. § 1255 (a). Obeid had been indicted for conspiracy to commit money laundering, but the indictment was dismissed as part of a plea agreement. An immigration judge (“U”) ruled, on the basis of the indictment, that Obeid was inadmissible—and thus ineligible to adjust his status—under 8 U.S.C. § 1182 (a)(2)(I). The Board of Immigration Appeals (“BIA”) affirmed, concluding that Obeid was an “aider or assister” of money laundering under 8 U.S.C. § 1182 (a)(2)(I)(ii). After this court granted a petition for review, Obeid v. Holder, 484 Fed.Appx. 189, 191 (9th Cir. 2012), the BIA again affirmed, holding that there was “reason to believe” that Obeid.had engaged in money laundering under 8 U.S.C. § 1182 (a)(2)(I)(i). Obeid challenges that determination. We grant the petition.

1. The BIA erred in relying on the purported testimony of Detective O’Brien that the indictment was not dismissed for lack of probable cause. The BIA misstates the record; in fact,…