In a petition for review of the BIA's order removing petitioner from the U.S., the petition is denied where: 1) in determining that petitioner was removable pursuant to 8 U.S.C. section 1182(a)(6)(C)(i) for willfully misrepresenting a material fact, the BIA was not required to find that petitioner had an intent to deceive; and 2) the BIA's determination that petitioner assisted in the persecution of others was supported by substantial evidence.
Argued: October 22, 2007
Decided and Filed: August 24, 2009
Opinion by Judge Gibbons
Dissent by Judge Martin
David S. Foster, Latham & Watkins, Chicago, IL
Christopher C. Fuller, United States Department of Justice, Washington, DC