The Ninth Circuit has determined that an adjustment of status applicant was not given adequate notice that his past claims to citizenship could render him inadmissible and ineligible for permanent residence.
“We hold that Flores-Rodriguez was not put on notice that his alleged false claim of citizenship would be at issue in his 2014 hearing.” “At Flores-Rodriguez’s 2012 preliminary hearing, the IJ discussed false claims of citizenship only in the context of a possible DHS charge, telling him that if such a charge were sustained, he would not be eligible for adjustment of status. At Flores-Rodriguez’s 2013 preliminary hearing—during which the final IJ hearing was scheduled—the issue was not raised at all. In sum, by the time Flores-Rodriguez had his final hearing in 2014, his alleged false claim of citizenship had not been raised by the IJ for two years, and the last time it had been discussed the IJ implied it would only be dispositive if DHS sustained a false claim of citizenship charge against him. DHS never even brought such a charge.”
The full text of Flores-Rodriguez v. Garland can be found here:
https://cdn.ca9.uscourts.gov/datastore/opinions/2021/08/16/19-70177.pdf