20-3204 Lemrabott v. Garland BIA Christensen, IJ A201 118 118 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 TO A SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL. 1 At a stated term of the United States Court of Appeals for 2 the Second Circuit, held at the Thurgood Marshall United States 3 Courthouse, 40 Foley Square, in the City of New York, on the 12th 4 day of January, two thousand twenty-two. 5 6 PRESENT: 7 SUSAN L. CARNEY, 8 STEVEN J. MENASHI, 9 MYRNA PÉREZ, 10 Circuit Judges. 11 _____________________________________ 12 13 MOHAMED SALEM AHMED AHMED 14 LEMRABOTT, 15 Petitioner, 16 17 v. 20-3204 18 MERRICK B. GARLAND, UNITED STATES 19 ATTORNEY GENERAL, 20 Respondent. 21 _____________________________________ 22 23 FOR PETITIONER: Kareem El Nemr, Esq., Astoria, NY. 24 25 FOR RESPONDENT: Brian Boynton, Acting Assistant 26 Attorney General; Carl McIntyre , 27 Assistant Director; Kevin J. Conway, 28 Trial Attorney, Office of 29 Immigration Litigation, United 30 States Department of Justice, 31 Washington, D.C. 1 UPON DUE CONSIDERATION of this petition for review of a Board 2 of Immigration Appeals (“BIA”) decision, it is hereby ORDERED, 3 ADJUDGED, AND DECREED that the petition for review is DENIED. 4 Petitioner Mohamed Salem Ahmed Ahmed Lemrabott, a citizen of 5 Mauritania, seeks review of a 2020 decision of the BIA affirming 6 a 2018 decision of an Immigration Judge (“IJ”) denying a waiver of 7 inadmissibility and his application for adjustment of status. In 8 re Mohamed Salem Ahmed Ahmed Lemrabott, No. A 201 118 118 (B.I.A. 9 Aug. 26, 2020), aff’g No. A201 118 118 (Immig. Ct. N.Y. City Aug. 10 9, 2018). We assume the parties’ familiarity with the underlying 11 facts and procedural history and refer to them only as necessary 12 to explain our decision to deny the petition. 13 To adjust to lawful permanent resident status, a noncitizen 14 must show that he is admissible to the United States. 8 U.S.C. 15 § 1255(a)(2). A noncitizen is inadmissible if he “by fraud or 16 willfully misrepresenting a material fact, seeks to procure (or 17 has sought to procure or has procured) a visa, other documentation, 18 or admission into the United States or other benefit provided under 19 this chapter.” Id. § 1182(a)(6)(C)(i). The agency has the 20 discretion to waive that basis of inadmissibility if, in relevant 21 part, the noncitizen is the spouse of a U.S. citizen, and the 22 noncitizen shows that “refusal of admission to the United States 2 1 …
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