Ellen Valle McDonald v. Alberto Gonzales, Attorney General

Ellen Valle McDonald, a native of the Philippines and legal permanent resident of the United States, was found removable under 8 U.S.C. § 1227 (a)(6)(A) for voting in violation of Hawaii law. Although § 1227(a)(6)(A) provides the reason for deportation, we look to the relevant Hawaii statute, H.R.S. § 19-3.5(2), to decide whether that reason is substantiated, i.e., whether a violation occurred. Because we determine that McDonald did not have the requisite mental state to have violated H.R.S. § 19-3.5(2), we grant her petition.

FACTS AND PROCEDURAL HISTORY

McDonald lived in Hawaii with her U.S. Citizen husband and their U.S. Citizen child. When McDonald applied for a Hawaii driver’s license, under Hawaii’s Motor Voter procedures, she also registered to vote by completing the bottom of the license application. In doing so, she checked a box indicating that she was a United States Citizen. McDonald testified that she checked the box “because at the time [she] wasn’t sure if [she was] a citizen.” McDonald’s husband testified that at that'time, he too was “quite uncertain” about his wife’s citizenship status. . McDonald attributed part of her confusion to friends having told her…