Get the free 1/.Lu'rnn or K B-N In SECTION 245 Proceedings - justice

MATTER of K B NIn SECTION 245 Proceedings A-10825969 Decided by Regional Commissioner September 14 1960 Approved by Assistant Commissioner October 3 1960 Adjustment of status Section 245 as amended Knowing false claim to citizenship precludes eligibility as alien whn has heen inspected and admitted Discretionary denial based on lack of good faith. 1 An alien who obtained entry into the United States by knowingly and falsely claiming United States citizenship is deemed to have entered the...

..., but the alien has been convicted an alien who has been convicted of an aggravated felony or other crime of violence” in the 4-year period preceding the date of the application, but no other felony or more serious non-felony offense that could give rise to an adjustment by the Attorney General. It appears that Congress intended the term “violent felony” to encompass a charge of murder or assault with intent to murder in certain situations. But, whether the term “violent felony” means in the circumstances of the instant case, the applicant has no affirmative obligation to prove that his crime did not involve a felony weapon, with which he has yet to be accused. It may well be that when all the factual circumstances are considered, in the light of the record, and after the consideration of the relevant evidence of other offenses alleged against the applicant, that the applicant will be found to have committed the offense charged. At the hearing, however, it has been held that a conviction in a case involving aggravated assault has a tendency to discredit the defendant who will be able to make the argument that the charge, “assault with intent to murder,” and other facts which may have been adduced against the applicant were based upon a mistaken identification of the accused. If an applicant is found not guilty of the crime charged, there is a presumption that the crime is not aggravated under the provisions of the Act, unless the applicant can produce proof of other circumstances which would lead a reasonable minded person to conclude that the charged offense was aggravated under the definition contained in § 1373. But, as a matter of fact, in many of these cases the applicant has been permitted to obtain citizenship under provisions of § 1373 which do not require him to produce proof of a conviction, or proof of prior convictions, and which do not limit the period of stay imposed upon such aliens on the basis of convictions. As an example it may be noted that aliens convicted of a Class A felony, or an offense which is a violation of § 9-2-2 or § 9-2-3, are permitted to remain and become naturalized. In his objection to the applicant's application, filed on July 15, 1961, Mr. Train argues that under the Federal Rules of Civil Procedure there was a procedural defect to be addressed in the notice of hearing. It is, however, apparent that no procedural defect was involved in the hearing, which followed an opportunity afforded the applicant to appear and to be heard by counsel.

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