Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog

A new case on fraudulent marriages:

NINTH U.S. CIRCUIT COURT OF APPEALS

-Immigration Law-
Where alien was granted permanent resident status on a conditional basis based on a petition filed by his U.S. citizen wife, but wife withdrew her support of petition before it was adjudicated, burden shifted from government to alien to prove marriage had been entered into in good faith. Immigration judge’s adverse credibility finding was supported by inconsistencies between alien’s testimony and that of his wife and another witness he presented. Given these inconsistencies, IJ’s and BIA’s conclusion that alien’s marriage was fraudulent was supported by sufficient evidence. Alien could not seek a waiver based on extreme hardship from IJ in the first instance or request a continuance to pursue a waiver application. Because alien’s extreme hardship argument was based on the effect his removal would have on his family from a second marriage, which did not yet exist when he was a conditional resident, alien would not qualify for a waiver. Since government had proffered wife’s testimony and affidavit to impeach alien’s testimony, government was not required to give alien notice of such evidence 15 days prior to hearing. Alien was not deprived of a fundamentally fair trial because he was able to present his version of events, cross-examine witnesses, and have his own witness testify on his behalf.
Hammad v. Holder

Filed under: Immigration Attorney |