071370P.pdf   06/20/2008  Paul Kirong  v.  Michael B. Mukasey
   U.S. Court of Appeals Case No:  07-1370
   Board of Immigration Appeals   
   [PUBLISHED] [Gruender, Author, with Bye and Beam, Circuit Judges]
   Petition for Review - Immigration. As petitioner was an applicant for
   admission, the BIA correctly determined that he was required to prove
   clearly and beyond doubt that he was admissible and, therefore, eligible
   for adjustment of status; in petitioner's case, this required him to prove
   clearly and beyond doubt that he did not make a false claim of citizenship
   for a purpose or benefit under the immigration act; petitioner, who falsely
   claimed U.S. citizenship on I-9 forms in order to obtain private
   employment, was unable to prove clearly and beyond doubt that he was
   admissible; as a result, petitioner was ineligible for adjustment of his
   status. Judge Bye, concurring.