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Awuku-Asare v. Garland, 991 F.3d 1123 (10th Cir. Mar. 16, 2021)

Mar 16, 2021

In this immigration appeal, plaintiff was in the United States on a nonimmigrant F-1 visa, which required him to maintain a full course of study.  He, however, was incarcerated for 13 months on a charge that he was ultimately acquitted of.  In rejecting the plaintiff’s argument that the failure to maintain active enrollment must be the nonimmigrant’s fault, the Tenth Circuit held that section 1227(a)(1)(C)(i) is unambiguous and “contains no requirement that such failure to be the fault of the visa holder or the result of some affirmative action taken by the visa holder.”