Luis Toro-Romero v. John Ashcroft, Attorney General

Appellant Luis Toro-Romero appeals the decision of the Board of Immigration Appeals (“BIA”) affirming the Immigration Judge’s (“IJ’s”) determination that he was inadmissible because he had “falsely represented! ] himself ... to be a citizen of the United States” in order to gain entry to the United States.

I. Factual and Procedural Background

Toro-Romero, a native and citizen of Mexico, was one year old when he entered the United States in 1974. In 1989, he became a lawful permanent resident. Four years later, Toro-Romero pleaded guilty to having violated California Penal Code § 459, a criminal statute prohibiting burglary. The conviction was expunged in 1998.

On December 13, 1997, Toro-Romero took a day-trip to Mexico. At the border, he used another person’s valid California birth certificate and claimed to be a United States citizen. According to Toro-Rome-ro, he did this because he had lost his legal permanent resident card and did not know how to re-enter the United States without it. The border guards determined that Toro-Romero was not, in fact, a U.S. citizen and that the birth certificate was not his.

Toro-Romero was then served with a Notice to Appear. The Notice…