Alaa Obeid v. Eric H. Holder Jr.

MEMORANDUM

Alaa Ghassoub Obeid petitions for review of a decision of the Board of Immigration Appeals (the Board). We hold that the Board erred in its disposition and remand for proceedings consistent with our decision.

The immigration judge (IJ) denied Obeid’s application for adjustment of status, finding Obeid inadmissible under 8 U.S.C. § 1182 (a)(2)(I) both as a money launderer and as an “aider and assister” to a money laundering scheme. The Board affirmed Obeid’s inadmissibility under 8 U.S.C. § 1182 (a)(2)(I)(ii) as an aider and assister to a money laundering scheme. The Board did not address Obeid’s inadmissibility under § 1182(a)(2)(I)(i) as a money launderer.

We review whether there is substantial evidence in support of the IJ’s factual determinations, reversing only if no reasonable factfinder could reach the IJ’s determination. See Lim v. INS, 224 F.3d 929, 933 (9th Cir.2000). Questions of law are reviewed by us de novo. Id.

The parties agree that it is Obeid’s burden to prove that he is “clearly and beyond doubt” admissible and not inadmissible. See Blanco v. Mukasey, 518 F.3d 714, 720 (9th Cir.2008). The parties dispute whether Obeid is inadmissible as an aider of…