Soni v. Gonzales
Soni v. Gonzales
Opinion of the Court
SUMMARY ORDER
Petitioner Mohinderpal Soni (“Soni”), a native and citizen of India, petitions for
Under Immigration and Nationality Act (“INA”) § 237(a)(3)(B)(iii) “[a]ny alien who has been convicted of a violation of, or attempt or a conspiracy to violate, section 1546 of Title 18 (relating to fraud and misuse of visas, permits, and other admission documents), is deportable.” 8 U.S.C. § 1227.
On December 16,1999, Soni was convicted in the Southern District of New York of making a false statement in connection with an Immigration application pursuant to 18 U.S.C. § 1546. Petitioner was subsequently charged with being removable under INA § 237 and the IJ found him deportable as charged. The BIA summarily affirmed the IJ’s decision.
INA § 207 unambiguously provides that if an individual is convicted under 18 U.S.C. § 1546, he is deportable. Soni concedes that he was convicted under 18 U.S.C. § 1546, but argues that the IJ was required to consider, but failed to consider, the materiality of his false statement. 8 U.S.C. § 1227 is triggered by the fact of the conviction. The section contains no materiality requirement. The IJ correctly found that the petitioner was deportable pursuant to INA § 207 as a result of his conviction.
We have considered petitioner’s remaining contentions and find them to be without merit. The petition for review is therefore DENIED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.