On Jan 4 the Eighth Circuit issued a pretty awful opinion on eligibility for a fraud waiver after a person is denaturalized for fraud, essentially endorsing gamesmanship by the DHS without notice. The case is Herrera Gonzalez v. Rosen.

Petitioner admitted she had gotten her permanent residence through fraud (which led to a criminal conviction and later denaturalization). The government charged her with removability for the fraud, and she applied for the waiver that is allowed under that section.
After the judge had sustained the fraud charge, the DHS added a new charge that the marriage fraud conviction was a "crime involving moral turpitude." Then, at trial, the DHS withdrew the fraud charge, leaving only the CIMT charge, and argued there was no waiver for just the CIMT
Citing Matter of Tima, the Eighth Circuit agreed that the "fraud waiver" couldn't be used if the DHS plays this game of charging the same conduct under a different section, and that not doing that until the moment of trial didn't violate her right to due process.
There are problems with this. One is that Matter of Tima largely erases part of the fraud waiver statute - the part that says a fraud waiver under that section does waive other related grouns of removability. I wrote about it here when Tima was issued. https://t.co/XpKqeUVYFA
The BIA's decision in Tima doesn't even mention that last sentence of the fraud waiver statute, which pretty clearly says the fraud waiver can waive other related grounds of removability "directly resulting from" the act of fraud.
Another is that prior BIA precedent said the fraud waiver could waive related removability grounds, and Tima left those in place. E.g. Matter of K allowed the same fraud waiver to waive a separate ground of removability for a false claim to citizenship. https://t.co/oXDX2yprXP
A third problem - Justice Kagan pretty clearly rejected this practice in Judulang, calling this manner of charging the same conduct under different sections to get around waiver eligibility a "sport of chance."
In this new decision, the Eighth Circuit doesn't address Judulang, the remaining text of the waiver statute, Matter of K, or the limitations of Matter of Tima. It just says if DHS chooses to change the charge from "fraud" to "CIMT" (even if for the same conduct), then no waiver.
The remaining problem is the court's due process analysis, which is all of a single sentence. Apparently the DHS changing which charge they're going to pursue on the day of trial "does not implicate" due process just because...
P.S. one last problem is the court's reliance on Matter of Koloamatangi. The BIA's decision in Matter of Agour seems to call into question the premise of Koloamatangi (without squarely addressing it). https://t.co/gSR0niKhB8
Koloamatangi says if you get your status through fraud, ur not "lawfully admitted for permanent residence" so ur ineligible for cancellation of removal. Agour assumed a fraudulent marriage still met that standard.

More from Government

Let me take a stab at this after years of reporting on Marine One, HMX-1, Continuity of Government, etc. None of this is definitive, but it could help explain what folks are seeing:

1.) HMX-1, which flies the VH-3D and VH-60N 'White Top' helicopters used to move... 1/X


the President and VP around, those helos being called Marine One or Two when either is onboard, need to train. The urban landing zones, including WH and VP Residence, are not simple to get in and out of. So, crews need some currency training. They are not just tasked with... 2/X

moving POTUS and VP to get them around the region and to Andrews AFB for long-haul flights, they are essential to Continuity of Government operations. This means that if a threat were to emerge, they need to be ready to snatch POTUS and VP in minutes. This is partially... 3/X

why they have a full forward operating location at Naval Support Activity Anacostia, just 3 miles from the WH. As such, practice is important and considering the state of things, it is critical now more than in any recent memory. 4/X

2.) Considering what happened last week, including mobs of Trump supporters screaming in unison to hang the VP for doing what the constitution states, absolutely despicable in every way, security has been tightened just as it has been all over. Using the helicopters instead.. 5/X

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The first ever world map was sketched thousands of years ago by Indian saint
“Ramanujacharya” who simply translated the following verse from Mahabharat and gave the world its real face

In Mahabharat,it is described how 'Maharishi Ved Vyasa' gave away his divine vision to Sanjay


Dhritarashtra's charioteer so that he could describe him the events of the upcoming war.

But, even before questions of war could begin, Dhritarashtra asked him to describe how the world looks like from space.

This is how he described the face of the world:

सुदर्शनं प्रवक्ष्यामि द्वीपं तु कुरुनन्दन। परिमण्डलो महाराज द्वीपोऽसौ चक्रसंस्थितः॥
यथा हि पुरुषः पश्येदादर्शे मुखमात्मनः। एवं सुदर्शनद्वीपो दृश्यते चन्द्रमण्डले॥ द्विरंशे पिप्पलस्तत्र द्विरंशे च शशो महान्।

—वेद व्यास, भीष्म पर्व, महाभारत


Meaning:-

हे कुरुनन्दन ! सुदर्शन नामक यह द्वीप चक्र की भाँति गोलाकार स्थित है, जैसे पुरुष दर्पण में अपना मुख देखता है, उसी प्रकार यह द्वीप चन्द्रमण्डल में दिखायी देता है। इसके दो अंशो मे पीपल और दो अंशो मे विशाल शश (खरगोश) दिखायी देता है।


Meaning: "Just like a man sees his face in the mirror, so does the Earth appears in the Universe. In the first part you see leaves of the Peepal Tree, and in the next part you see a Rabbit."

Based on this shloka, Saint Ramanujacharya sketched out the map, but the world laughed