U.S.

Department of Justice
Executive Office for Immigration Review

Board ofImmigration Appeals Office of the Clerk

5107 Leesburg Pike, S ite 2000 Falls Church, Virginia 20530

Pegnam, Stephen, Esq. Law Offices of Stephen A. Lagana 145 Essex Street Lawrence, MA 01840-0000

OHS/ICE Office of Chief Counsel - BOS P.O. Box 8728 Boston, MA 02114

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Name: CASTILLO DE FIGUEROA, RUT ...

A 095-982-111

Date of this notice: 12/11/2013

Enclosed is a copy of the Board's decision and order in the above-referenced case. Sincerely,

Don.rtL t!t1IVl)
Donna Carr Chief Clerk

Enclosure

Panel Members: Mann, Ana

williame Userteam: Docket

For more unpublished BIA decisions, visit www.irac.net/unpublished

Cite as: Rut Betania Castillo de Figueroa, A095 982 111 (BIA Dec. 11, 2013)

U.S. Department of Justice Executive Office for Immigration Review

Falls Church, Virginia 20530

Decision of the Board of Immigration Appeals

File: A095 982 1 11 - Boston, MA

Date:

DEC 11 2013

In re: RUT BETANIA CASTILLO DE FIGUEROA a.k.a. Carmen Colon

IN

REMOVAL PROCEEDINGS

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APPEAL ON BEHALF OF RESPONDENT: Stephen Pegnam, Esquire CHARGE: Notice: Sec. 212(a)(6)(A)(i), I&N Act [8 U.S.C. 1182(a)(6)(A)(i)] Present without being admitted or paroled 212(a)(6)(C)(i), I&N Act [8 U.S.C. 1182(a)(6)(C)(i)] Fraud or willful misrepresentation of a material fact 2 12(a)(6)(C)(ii), I&N Act [8 U.S.C. 1 182(a)(6)(C)(i)] False claim of United States citizenship

Sec.

Sec.

APPLICATION: Adjustment

The respondent, a native and citizen of the Dominican Republic, has appealed from an Immigration Judge's February 22, 2012, decision which found her subject to removal as charged and ineligible for any form of relief from removal. The appeal will be dismissed. We review findings of fact, including the Immigration Judge's determination of credibility, under a "clearly erroneous" standard. 8 C.F.R. 1003.l(d)(3)(i). We review all other issues, including whether the parties have met the relevant burden of proof, and issues of discretion, under a de novo standard. 8 C.F.R. 1003. l(d)(3)(ii). We adopt and affirm the Immigration Judge's decision with the following notations See Matter of Burbano, 20 I&N Dec. 872, 874 (BIA 1994). The respondent conceded removability under section 212(a)(6)(A)(i) of the Act, for being present without being admitted, but denied the other two charges involving fraud and a false claim to United States citizenship (l.J. at 2). The Department of Homeland Security (DHS) bears the burden of proving removability by clear and convincing evidence. See 8 C.F.R. 1240.S(a). The respondent admitted that she accompanied another lady to a location where her photo was taken and a false state ID card was issued (Tr. at 47; I.J. at 3). The respondent testified that she was present when the same lady filled out an Employment Eligibility Verification (Form 1-9) using a United States birth certificate in the same name as the state ID and the Form 1-9 (Exhs. 4 5, 6; Tr. at 48-50; I.J. at 4). The respondent worked at Jack Pack Food Company in the name of

Cite as: Rut Betania Castillo de Figueroa, A095 982 111 (BIA Dec. 11, 2013)
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A095 982 111

Carmen Colon (I.J. at 4; Exh. 3). The Immigration Judge concluded from the evidence that the respondent made a false claim to U.S. citizenship in order to obtain a benefit (1.J. at 4). On appeal, the respondent argues she does not read or write English and that another "reasonable inference" from the evidence is that the respondent's employer filled out all the information and made the false claim to citizenship (Resp. Br. at 3). The respondent's degree of involvement (accompanying the lady, posing for a photo, observing the creation of false paperwork, working for the food company, using the false name, and possessing a false state ID) was too great to assume that she was not a knowing and willing participant in the scheme. See th Kechkar v. Gonzalez, 500 F.3d 1080 (10 Cir. 2007). Therefore, we agree with the Immigration Judge that the respondent falsely claimed to be a citizen of the United States by birth in Puerto Rico in order to obtain employment (I.J. at 4). The Immigration Judge's findings of fact are not clearly erroneous. See Anderson v. City of Bessemer City, North Carolina, 410 U.S. 564, 573-74 (1985) (where there are two permissible views of the evidence, the fact finder's choice between them is not clear error). We affirm the holding that the DHS has satisfied its burden of proving removability Wlder section 212(a)(6)(C)(ii) with respect to the respondent falsely claiming U.S. citizenship (I.J. at 5). Accordingly, the following order will be entered. ORDER: The respondent's appeal is dismissed.

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Cite as: Rut Betania Castillo de Figueroa, A095 982 111 (BIA Dec. 11, 2013)

UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW UNITED STATES IMMIGRATION COURT BOSTON, MASSACHUSETTS

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File:

A095-982-111

February 22,

2012

In t he Mat ter of

RUT BETANIA CASTILLO DE FIGUEROA RESPONDENT

IN REMOVAL PROCEEDINGS

CHARGES:

Section 212 (a) (6) (A) (i) of t he Immigration and Nationalit y Act - present in the United States without being admit ted or paroled; Section 212 (a) (6) (C) (ii) of t he Immigrat ion and Nationalit y Act - false claim t o United St at es cit izenship; Section 212 (a) (6) (C) (i) - fraud.

APPLICATIONS:

Adjustment of stat us.

ON BEHALF OF RESPONDENT: ON BEHALF OF OHS:

STEPHEN PEGMAN

BRANDON LOWEY

ORAL DECISION OF THE IMMIGRATION JUDGE The respondent is a 58-year-old native and citizen of the Dominican Republic. The Government has charged the respondent

in t he Notice t o Appear as referenced above.

Based upon a review of all evidence in the record of proceeding, the Court finds by clear, convincing and unequivocal

evidence that the respondent is removable as charged and directs

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the country of the Dominican Republic as the country of removal. The Court notes that in her written pleadings the respondent admits the charge of being present in the United St ates without being admitted or paroled, however, contests the

fraud and false United States citizen claim charges. The Court also notes that the respondent seeks to adjust her status based upon her marriage to a United States citizen. However, the Court considered carefully the following documents: the Notice to Appear; the I-213; Exhibit 4, Exhibit 2. the pleadings;

Exhibit 1, Exhibit 3,

an I-9 Department of Justice Exhibit 5, a birth

Employment Eligibility Verification Form,

certificate from thecommonwealth of Puerto Rico; Exhibit 6, copies of two identification cards,

and Group

one a cedula from

the Dominican Republic and the other an apparently false New Hampshire State identification card in the name of Carmen Colon. The Court notes that the Puerto Rican birth certificate and the I-9 are also in the name of Carmen Colon. This matter has a lengthy history. was issued in January 2005. The Notice to Appear

The respondent appeared at a number

of hearings before another Inunigration Judge who since retired. This matter was before the Court in January 2011 on the issue of removability with regard to the fraud and falseclaim to the

A095-982-111

February 22, 2012

United States citizen charges.

At that t ime,

t he Court

requested t hat t he Government submit whatever evidence it had on t he fraud and fals e claim to the Unit ed St ates citizenship charges and also in light of t hese allegat ions, invited the

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respondent to submit a memorandum on eligibilit y for relief in light of thes e allegat ions . This memorandum was indeed submitt ed in May 2011, specifically on May 24, 2011. However, after careful reading,

the Court is unable to discern any argument made wit h regard to t he false claim of United States citizenship charge and counsel for t he respondent today same office) (a different attorney however from the

acknowledges as much. t he Court credits t he informat ion cont ained The I-213 indicat es t hat the

In any event,

in t he exhibits referenced above.

respondent was init ially encountered by Immigration and Cus toms Enforcement in January 2004 when they went to her residence looking for another individual. The respondent identified

herself to these agent s and then the agent s dis covered a number of documents, including t he two identification cards referenced The

above as Group Exhibit 6 in the record of proceeding.

respondent s tated t hat this ident ification card belonged t o another individual. However, during her t estimony
on

this

date,

t he res pondent acknowledged that t his false New Hampshire identification card did indeed contain her picture. She s t at ed

t hat a person she referred to as "the other person" had t aken

A095-982-111

February 22,

2012

- (

her.

In any event,

the respondent claimed t hat t his New

Hampshire fake identification document was obtained with the help of this so-called other person who also assisted t he respondent in obtaining her job at Jack Pack Foods. She

Immigrant & Refugee Appellate Center | www.irac.net

t est ified that t he same individual assisted her in obtaining the job at the Jack Pack Food Company and helped her fill out t he I-9 form, which the Court has marked as Exhibit 4 in the record She states that this "other person" took care of

of proceeding.

all the paperwork. FINDINGS OF FACT AND RULINGS OF LAW The Court finds that the Government has present ed sufficient credible documentary evidence to support both t he fraud and the false claim to the United Stat es cit izenship charges. The Court finds that the respondent falsely claimed to

be a United States citizen born in the Commonwealth of Puerto Rico in order to obtain employment to which she was not authorized. The Court finds that the birth certificate from the

Commonwealth of Puerto Rico was in the name of Carmen Guilla Colon Colon and that the certificate number on t he birth certificate is the same listed on List C on the I-9 form cert ificate of birt h. Having made this finding t hat the

respondent made a false claim to United States citizenship in obtaining employment at the Jack Pack Food Company in Manchester, New Hampshire, the Court finds t hat the respondent if any, relief from removal from the

is not eligible for most,

A095-982-111

February 22,

2012

United States. After making t his finding, the Court gave respondent's

counsel an opport unit y to advise his client privately of the

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consequences of this finding.

When counsel ret urned,

he st ated

that his client now wished to submit an I-589 application claiming t hat she had been a victim of domestic abuse many years ago in the Dominican Republic and request ed a cont inuance in order t o do so. tact ic. The Court views this simply as a dilatory she certainly could

If t he respondent had such a claim,

have and should have made this claim sometime during t he seven years t hat has passed since the Notice to Appear was issued. During virt ually all of this time, the respondent has been

represent ed by counsel who presumably would have discussed all avenues of relief with t he respondent. The Court denies t he

respondent's request for a continuance in order to file such an application. Accordingly, the following orders shall enter: ORDERS The Court finds by clear, convincing and unequivocal

evidence t hat the respondent is removable as charged having entered the Unit ed Stat es and remained in t he United States without inspection and having also falsely claimed in a fraudulent manner to be a citizen of t he United States in order t o gain employment to which she was not authorized.

A095-982-111

February 22,

2012


,/

Further, Republic.

the respondent is ordered removed to t he Dominican

IT WILL BE SO ORDERED.

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PAUL M. GAGNON Immigration Judge

A095-982-lll

February 22,

2012

CERTIFICATE PAGE

I hereby certify t hat the attached proceeding before JUDGE PAUL M. GAGNON, in the matt er of:

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RUT BETANIA CASTILLO DE FIGUEROA

A095-982-111.

BOSTON,

MASSACHUSETTS

is an accurate,

vrbat im transcript of the recording as provided

by t he Executive Office for Immigration Review and that t his is the original transcript t hereof for the file of the Executive Office fpr Immigration Review.
'-.J. ....
..

FREE STATE REPORTING, APRIL 30, 2012

Inc.

(Completion Date)