Keathley v. Holder

Federal 7th Circuit Court
Civil Court
Case Number: 
No. 11-1594
Decision Date: 
August 22, 2012
Federal District: 
Petition for Review, Order of Bd. of Immigration Appeals
Petition granted
Bd. erred in ordering removal of alien, who had filed petition for adjustment to permanent-resident status, where IJ found that alien had violated 18 USC section 611 by voting in federal election. Alien asserted that she represented herself to be citizen of Philippines at time she registered to vote and further claimed that she did not violate section 611 because state's decision to send her voter registration card led her to believe that voting would be lawful. However, remand was required because IJ failed to make credibility determinations as to alien's version of what transpired at time of her voter registration, and because alien had potential valid defense to section 611 charge if alien had not falsified her citizenship status and record otherwise showed that person authorizing alien to vote had authority to do so.