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Before
Howard, Chief Judge,
Thompson and Kayatta, Circuit Judges.
KAYATTA,
Circuit
Judge.
In
2002,
Dorowaa
Appiah
("Wilberforce").
The
Department
of
Homeland
Security
affidavit claiming that she did not know Mensah and that it was
not until after her naturalization interview that she learned of
the identity fraud.
listed Mensah not only as the person she would be living with at
her permanent address but also as her visa sponsor. Appiah further
sought relief under the waiver provision of 8 U.S.C. 212(k),
which states:
Any alien, inadmissible from the United States
under paragraph (5)(A) or (7)(A)(i) of
subsection (a) of this section, who is in
possession of an immigrant visa may, if
otherwise admissible, be admitted in the
discretion of the Attorney General if the
Attorney
General
is
satisfied
that
inadmissibility was not known to, and could
not have been ascertained by the exercise of
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immigration
judge
ruled
against
Appiah
on
both
(1) she "did not satisfy her burden of proving by clear and
reconsideration,
which
was
denied,
and
Rather, she
then
timely
We
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abuse of discretion.
We will find an
of
proving
lawful
presence.
Nevertheless,
given
the
for
the
purposes
of
admissibility.
See
Matter
of
Therefore, the
- 4 -
All in all,
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