Gourche v. Holder

Petitioner, a citizen of Morocco, entered the U.S. as a visitor in 1998, married a citizen. and adjusted his status to that of a lawful permanent resident on a conditional basis. When he filed an I-751 petition to remove the conditions on his residency, he falsely represented that he and his wife were living together. The falsehood came to light, and in 2006, he pled guilty to conspiracy to commit application fraud and was convicted under 18 U.S.C. 371 for conspiring to violate 18 U.S.C. 1546(a). An immigration judge found petitioner removable and denied a petition for waiver under 8 U.S.C. 1227(a)(1)(H). The Board of Immigration Appeals dismissed an appeal, finding that petitioner was removable as a result of his conspiracy conviction and was not eligible for waiver. The Seventh Circuit denied appeal. A conviction for conspiracy to violate 18 U.S.C. 1546 is grounds for removal under paragraph (3) of 8 U.S.C. 1227(a), and not under paragraph (1), so petitioner is ineligible for a 1227(a)(1)(H) waiver.