Mata
Mata v. Holder
Opinion
Lead Opinion
MEMORANDUM *
Husband and wife, Jose Antonio Mata Mata and Marcelina Sanchez De Mata, and their two sons, Juan Jose Mata Sanchez and Ricardo Mata Sanchez (collectively “Petitioners”) petition for review of the Board of Immigration Appeals’s (“BIA”) decision that they were removable under 8 U.S.C. § 1182 (a)(6)(C)(i). We have jurisdiction pursuant to 8 U.S.C. § 1252 . The parties know the facts, and we need not recite them here. We grant the petition.
Because the Government has conceded there was no evidence of Petitioners’ knowledge and offered no argument as to knowledge, we find no substantial evidence supporting the Immigration Judge’s conclusion that Petitioners were removable because they procured admission into the United States by fraud or willful misrepresentation. See 8 U.S.C. § 1182 (a)(6)(C)(i); Matter of G-G-, 7 I. & N. Dec. 161 , 164-65 (BIA 1956) (construing § 1182(a)(6)(C)(i)’s predecessor to require a petitioner’s knowledge of falsity for both fraud and willful misrepresentation); Forbes v. INS, 48 F.3d 439, 442 (9th Cir.1995) (stating that a petitioner’s knowledge of falsity satisfies § 1182(a)(6)(C)(i)’s fraud or willful misrepresentation requirement). For this…