Skip to main content
Ninth Circuit· 10/28/2010

Valadez-Munoz v. Holder

Citations

  • 623 F.3d 1304
  • 2010 U.S. App. LEXIS 22423
  • 2010 WL 4241586

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting that unlike the corresponding criminal provision, which “requires the representation to be both false and willful,” section 212(a)(6)(C)(ii)(I) “only requires falsity”
  • stating that “when a person supposedly recants only when confronted with evidence of his prevarication, the amelioration [for recantation] is not available”
  • observing that there is a distinction between making a false claim to citizenship to local police and border patrol agents and noting that the latter misrepresentation may allow an alien to avoid inspection and “enter [the United States] without difficulty”
  • presentation of a false birth certificate in order to gain admission into the United States
  • whére an applicant made the retraction only after being confronted with evidence of misrepresentation, the applicant cannot take advantage of the timely recantation doctrine
  • “It should be noted that the criminal statute requires the representation to be both false and willful, while [§ 1182(a)(6)(C)(ii)(I)] only requires falsity.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Fernandez, Silverman, Duffy

Read full opinion on CourtListener

Cited by

19 cases in this archive cite this case.

Cites

21 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases named Valadez-Munoz v. Holder

2 other CourtListener records share this case name.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.