NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ________________ No. 17-3443 _ RAMON LEWIS JOSEPH, Petitioner v. ATTORNEY GENERAL OF THE UNITED STATES OF AMERICA, Respondent _ On Petition for Review of a Final Order of the Board of Immigration Appeals Immigration Judge: Honorable Steven A. Morley (No. A056-867-005) ________________ Submitted Under Third Circuit LAR 34.1(a) January 7, 2019 Before: AMBRO, SHWARTZ and FUENTES, Circuit Judges (Opinion filed: January 18, 2019) _ OPINION * _ * This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. AMBRO, Circuit Judge Petitioner Ramon Joseph, a native and citizen of the Dominican Republic, first entered the United States in 1999 without inspection or admission by an immigration officer. At the time Joseph was the beneficiary of an I-130 petition filed by his brother that had been approved in 1991. In 2000, however, Joseph filed an application for asylum under a false name, Lionel Dalmasi, and gave a fabricated backstory of having fled from prosecution in Haiti. The Government began removal proceedings against Joseph, under his Dalmasi alias, in 2002. He returned to the Dominican Republic in March 2003, and shortly thereafter failed to appear at an immigration hearing in Boston. The Immigration Judge at that hearing therefore ordered him, still under his alias, removed in absentia. Back in the Dominican Republic, Joseph began pursuing an immigration visa through legal channels, using his brother’s I-130 petition. In February 2004 he went to the United States Consulate and signed a visa application that failed to disclose his earlier sojourn in the United States. A consular official approved his application the same day, and Joseph entered the United States, ostensibly as a lawful permanent resident, in April 2004. In January 2012, returning from a visit to the Dominican Republic, Joseph was referred for secondary inspection by immigration officials who discovered his full immigration history. The Department of Homeland Security then began removal proceedings against him via a Notice to Appear in the Philadelphia immigration court. In September 2013 DHS filed a form I-261 providing updated factual allegations and 2 charges of removability. The three charges alleged that, at the time of his entry into the United States, Joseph was inadmissible because (1) he fraudulently procured his visa, violating 8 U.S.C. § 1182(a)(6)(C)(i), (2) he did not possess a valid entry document, violating 8 U.S.C. § 1182(a)(7)(A)(i)(I), and (3) he sought admission within 10 years of having been ordered removed, violating 8 U.S.C. § 1182(a)(9)(A)(ii). Joseph admitted to the factual allegations against him at hearings in February 2014 and February 2015. At a hearing in May 2016, Joseph indicated that he was seeking a waiver of the grounds of inadmissibility stemming from fraud under 8 U.S.C. § 1227(a)(1)(H). The Immigration Judge set a deadline of July 5, 2016 for the Government to respond to this request for a waiver, a deadline the Government did not meet. Thus, at a merits hearing in October 2016 ...
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