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Opere v. United States Immigration and Naturalization Service

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PETITION FOR REVIEW OF AN ORDER OF THE BOARD OF IMMIGRATION APPEALS

Rasac Olufemi Opere, a native and citizen of Nigeria, was admitted to the United States on November 13, 1982 as a nonimmigrant visitor with authorization to remain in the country until November 30, 1982. Having remained in the United States beyond the authorized date, Opere was given an Order to Show Cause (“OSC”) by the INS on April 14, 1994 and was charged as being deportable pursuant to Immigration and Nationality Act (“INA”) � 211(a)(1)(B), 8 U.S.C. � 1251(a)(1)(B) (current version at 8 U.S.C. � 1227(a)(1)(B)). In the deportation proceedings before an immigration judge, Opere admitted all allegations contained in the OSC and conceded deportability. For relief from deportation, Opere applied for suspension of deportation and sought voluntary departure and termination of proceedings. The immigration judge denied the relief, finding that because he had previously lied under oath to an immigration official during a green card interview, Opere was statutorily precluded from demonstrating good moral character as required for a suspension of deportation. The Board of Immigration Appeals (“Board”) upheld the immigration judge’s decision, and this appeal followed.

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