Schroeter v. Whitaker

17-2673 Schroeter v. Whitaker BIA Straus, IJ A205 497 474 UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER Rulings by summary order do not have precedential effect. Citation to a summary order filed on or after January 1, 2007, is permitted and is governed by Federal Rule of Appellate Procedure 32.1 and this court’s Local Rule 32.1.1. When citing a summary order in a document filed with this court, a party must cite either the Federal Appendix or an electronic database (with the notation “summary order”). A party citing a summary order must serve a copy of it on any party not represented by counsel. At a stated Term of the United States Court of Appeals for the Second Circuit, held at the Thurgood Marshall United States Courthouse, at 40 Foley Square, in the City of New York, on the 8th day of January, two thousand nineteen. Present: ROBERT A. KATZMANN, Chief Judge, DENNY CHIN, Circuit Judge, JEFFREY A. MEYER, District Judge.* ________________________________________________ LEON MICHAEL SCHROETER, aka Leom Schroeter, Petitioner, v. No. 17-2673 MATTHEW G. WHITAKER, Acting United States Attorney General, Respondent. ____________________________________________ For Petitioner: Gregory Osakwe, Law Offices of Gregory C. Osakwe, Hartford, CT. * Judge Jeffrey A. Meyer, of the United States District Court for the District of Connecticut, sitting by designation. For Respondent: Stefanie A. Svoren-Jay, Trial Attorney, Office of Immigration Litigation, for Joseph H. Hunt, Assistant Attorney General, Civil Division, John S. Hogan, Assistant Director, Office of Immigration Litigation, United States Department of Justice, Washington, DC. For Amicus Curiae: Caitlin J. Halligan (William J. Moccia, Lee R. Crain, on the brief), Gibson, Dunn & Crutcher LLP, New York, NY. UPON DUE CONSIDERATION of this petition for review of a Board of Immigration Appeals (“BIA”) decision, it is hereby ORDERED, ADJUDGED, and DECREED that the petition is DENIED in part and DISMISSED in part. Petitioner Leon Michael Schroeter, a native and citizen of Jamaica, seeks review of an August 21, 2017 decision of the BIA affirming a November 29, 2016 decision by an Immigration Judge (“IJ”) denying Schroeter’s application for adjustment of status under 8 U.S.C. § 1255(a), as the beneficiary of an approved Form I-130, Petition for Alien Relative, filed on his behalf by his wife, who is a naturalized United States citizen. In re Leon Michael Schroeter, No. A205 497 474 (B.I.A. Aug. 21, 2017), aff’g No. A205 497 474 (Immig. Ct. Hartford Nov. 29, 2016). We assume the parties’ familiarity with the underlying facts and the procedural history in this case.1 The agency found that Schroeter was ineligible for adjustment of status because he made a material misrepresentation at his merits hearing before the IJ. Specifically, Schroeter initially denied having had sexual contact with M.P., the 17-year-old complainant in criminal proceedings in which Schroeter was charged with, and then acquitted of, sexual assault. Schroeter later admitted that he and M.P. had engaged in some sexual contact. The IJ concluded, and the BIA agreed, that this misrepresentation was material because Schroeter “intended ...

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