Conchita Alicia Figueras Romero v. Immigration and Naturalization Service

The issue in this case is the validity of an Immigration and Naturalization Service (“INS”) regulation requiring nonimmigrants to provide truthful answers to all questions asked of them by immigration officers, regardless of materiality. The Board of Immigration Appeals (“BIA”) upheld the immigration judge’s (“IJ”) finding that Conchita Romero was deportable because she had given a false statement to an INS officer. We hold that the Attorney General exceeded his authority when he promulgated 8 C.F.R. § 214.1 (f), which imposes as a condition of a nonimmigrant’s admission and continued stay in the United States, the full and truthful disclosure of all information requested by the INS, regardless of whether the information is material. The alleged false statement of Romero was immaterial to her immigration status, and we reverse the order of deportation.

I.

Conchita Alicia Figueras Romero, a 43-year old citizen of the Philippines, last entered the United States on August 21, 1986, as a nonimmigrant treaty investor. She and her lawful permanent-resident former husband are the natural parents of three minor children, one of whom is a United States citizen. She owns and operates two…