Adewuyu v. Holder, 2013 WL 310205 (1/28/13) (unpub'd) - A conviction for violating 18 U.S.C. § 1546(a), which prohibits use of a fraudulent document as evidence of authorized stay or employment in the U.S., was for an aggravated felony, even if the underlying facts---possession of a fake driver's license---indicate the defendant should have been convicted of violating 18 U.S.C. § 1546(b), which prohibits using a fraudulent means of identification, which might not be an aggravated felony. A challenge to an alien's criminal conviction is beyond the scope of removal proceedings.

They should also adhere to their internal compliance policies and follow escalation and exceptions processes, as appropriate. 18 U.S.C. § 1546 (prohibits fraud related to any immigrant and nonimmigration visa, including using fraudulent immigration documents or making any false claim or statement to obtain visas or other immigration document); 18 U.S.C. § 1028 (establishes a general criminal penalty for document fraud in connection with identification documents and document authentication features); 8 U.S.C. § 1324(c) (establishes civil penalties for immigration document fraud).

Central to this case is the language of section 1324a(b)(5), entitled “Limitation on use of attestation form.” This section states that Form I-9 and “any information contained in or appended to [it], may not be used for purposes other than” enforcement of federal immigration law or specified federal criminal statutes: 18 U.S.C. § 1001 (false statements), 18 U.S.C. § 1028 (identity theft), 18 U.S.C. § 1546 (immigration document fraud), and 18 U.S.C. § 1621 (perjury). 8 U.S.C. § 1324a(b)(5).

The complaint notes that “[a]t the conclusion of the interview, he swore an oath under penalty of perjury that his responses were true.”The complaint charged Mamadjonov with Unlawful Procurement of Naturalization (18 U.S.C. 1425(b)), False Statements on a Naturalization Application (18 U.S.C. 1015), and False Oath or Declaration Under Penalty of Perjury (18 U.S.C. 1546). You may read the complaint here [PDF version].

After a trial, he was convicted of three crimes: 1)unlawful procurement of citizenship or naturalization; 2) fraud and misuse of visas, permits and other documents; and 3) aggravated identity theft. Mr. Work contended that his convictions under 18 USC 1425(a) and (b), in count 1, and 18 USC 1546(a), in count 2, violated the Double Jeopardy Clause. He was in plain-errorville.

In addition, there must be some indication of an intent to hide or conceal.United States v. Wei Lin, 738 F.3d 1082 (9th Cir. 2013)18 U.S.C. § 1546 makes it a crime to possession of forged or false documents used to gain entrance into the United States. The defendant possessed a forged driver’s license from the Northern Mariana Islands.

Justice Stevens, who provided the fifth vote, limited the holding (perhaps) to cases in which the money is not derived from the sale of contraband. The decision relies principally on the Rule of Lenity.United States v. Ashurov, 726 F.3d 395 (3rd Cir. 2013)It is a crime under 18 U.S.C. §1546, to knowingly making a false statement under oath a document required by the immigration laws. It is also a crime “to knowingly present any such document which contains any such false statement.”

Because of this ambiguity, the defendant could not be convicted of making a false statement in a bankruptcy proceeding.United States v. Ashurov, 726 F.3d 395 (3rd Cir. 2013)It is a crime under 18 U.S.C. §1546, to knowingly making a false statement under oath a document required by the immigration laws. It is also a crime “to knowingly present any such document which contains any such false statement.”

Visa fraud has different criteria, but the commonly accepted elements are: (1) the sale, provision, or transfer of otherwise legitimate visas; (2) the misrepresentation of reasons for traveling; and (3) the forgery or alteration of a visa. In the United States, visa fraud is a federal offense and can be prosecuted under several statutes, including 18 U.S.C. §1546 Fraud and Misuse of Visas, Permits, and Other Documents; 18 U.S.C. §1001 False Statements or Entries Generally; and 18 U.S.C. §1028 Fraud in Connection with Identification Documents. With respect to the Infosys investigation, “misrepresentation of reasons for traveling” is the transgression that landed the company in this debacle.

First, Plaintiffs claimed that in violation of 8 U.S.C. § 1324, Defendant’s clerks intentionally processed the employment applications and hired the unauthorized aliens. Second, Plaintiffs asserted that Defendant violated 18 U.S.C. § 1546 because the clerks knowingly accepted the employees’ false identification documents and attested to the documents validity on I-9 forms. Plaintiffs characterized these violations as a conspiracy because the facility and corporate managers allegedly ordered the clerks to engage in the unlawful conduct.