Summary

Portrait of Earl Warren Earl Warren Immigration and Naturalization Service v…

It is the argument of the aliens that our adoption of the government thesis would negate the intention of Congress to apply fair humanitarian standards in granting relief from the consequences of their fraud to aliens who are close relatives of United States citizens, and that the statute would have practically no effect if construed as the Government argues, since it requires a considerable stretch of the imagination to conceive of an alien making a material misrepresentation that did not conceal some factor that would make him inadmissible.
Source: Wikisource

Portrait of Earl Warren Earl Warren Immigration and Naturalization Service v…

Fraud for the purpose of evading an investigation, if forgiven by the statute, would clearly leave the alien 'otherwise admissible' if there were no other disqualifying factor. Elementary principles of statutory construction lead to the conclusion that Congress meant to specify two specific types of fraud that would leave an alien 'otherwise admissible' but that would nonetheless bar relief to those aliens who could not claim close relationship with a United States citizen or alien lawfully admitted for permanent residence.
Source: Wikisource

Portrait of Earl Warren Earl Warren Immigration and Naturalization Service v…

The Immigration and Naturalization Service and the Attorney General did not construe the statute as the Conference Committee had recommended, believing that the explicit statutory language did not allow for an exemption for justifiable misrepresentations. Refugees who misrepresented their place of origin were always found to have concealed a material fact, since the misrepresentation hindered an investigation of their background.
Source: Wikisource

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