## Facts

- Jun Yun Zhang, a native and citizen of China, was admitted to the United States as a lawful permanent resident in 1991.
- He did not lawfully complete naturalization, including failing required testing and not proceeding to an oath ceremony.
- After admission, he purchased a Certificate of Naturalization (Form N-550) through unlawful means from an immigration officer later convicted for selling such certificates.
- The Department of Homeland Security charged him as removable under INA § 237(a)(3)(D)(i) for falsely representing U.S. citizenship “for any purpose or benefit” under the INA or other federal or state law.
- An Immigration Judge found him removable on that ground and granted cancellation of removal; only the removability finding was appealed to the Board of Immigration Appeals.

## Issues

1. Whether INA § 237(a)(3)(D)(i) requires proof that the noncitizen knew the claim of U.S. citizenship was false or intended to make a false claim.
2. Whether an unlawfully obtained Certificate of Naturalization (Form N-550) confers U.S. citizenship status.

## Decision

- The Board dismissed the appeal and affirmed the removability determination under INA § 237(a)(3)(D)(i).
- The Board held the statute does not require proof of intent or knowledge that the representation of citizenship was false.
- The Board held an unlawfully obtained naturalization certificate does not confer citizenship, even though a valid certificate generally serves as evidence of citizenship.
- The Board concluded Zhang remained an alien because he never lawfully naturalized, and his use of the unlawfully obtained certificate constituted a false representation of citizenship for a qualifying purpose or benefit.

## Legal Principles

- INA § 237(a)(3)(D)(i) imposes removability for a false representation of U.S. citizenship without a separate intent or knowledge element; the focus is on the falsity of the representation and its connection to a “purpose or benefit” under relevant law.
- The government must still prove the representation was made “for any purpose or benefit” under the INA or other federal or state law.
- A Certificate of Naturalization is evidence of citizenship, but it does not itself confer citizenship if acquired unlawfully or if the underlying naturalization process was not lawfully completed.

## Conclusion

The Board held that removability for a false claim to U.S. citizenship under INA § 237(a)(3)(D)(i) does not require proof the noncitizen intended to misrepresent citizenship or knew the claim was false, and that an unlawfully obtained naturalization certificate cannot create citizenship status.


Matter of Zhang, 27 I. & N. Dec. 569 (B.I.A. 2019)