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Court Upholds BIA’s Determination That Petitioner Entered into Fraudulent Marriage to Procure Adjustment of Status

The Eighth Circuit denied the petition for review, holding that the BIA’s determination that the petitioner attempted to procure an adjustment of status by willfully misrepresenting that his marriage to a U.S. citizen was bona fide was supported by substantial evidence that the marriage was a sham. The court found that the unrefuted testimony and documentary evidence submitted by DHS was sufficient to prove that the marriage was fraudulent under INA §212(a)(6)(C)(i), and therefore that the petitioner was removable pursuant to INA §237(a)(1)(A).

Court Says Determining Whether Petitioner’s Evidence Meets Good Faith Marriage Standard Is Subject to De Novo Review

The Fourth Circuit granted the petition for review and remanded, holding that while the BIA properly reviewed the IJ’s credibility determination and findings of fact for clear error only, it should have reviewed de novo the IJ’s ultimate legal judgment that the undisputed facts and credited evidence did not meet the good faith marriage standard of INA §216(c)(4)(B).

Court Upholds Denial of Adjustment Application Where Marriage Was Not Deemed Bona Fide

The Seventh Circuit denied the petition for review, finding that substantial evidence supported the IJ’s finding that the petitioner committed marriage fraud, and thus, that he was ineligible for adjustment of status under INA §212(a)(6)(C)(i). The court also found that the IJ did not commit any legal or constitutional error in exercising discretion to deny adjustment of status.

Filing an I-751 Divorce Waiver?

The First Circuit held that the BIA did not err in upholding the denial of the petitioner’s I-751 joint petition and I-751 waiver petition and in finding that the petitioner had not satisfied her burden of proving that she had entered into her marriage in good faith. Accordingly, the court found that the petitioner was categorically ineligible for cancellation of removal.

Married for Love? How to prove it.

The Seventh Circuit granted the petition for review and remanded, holding that the Board of Immigration Appeals (BIA) erred when it demanded that the petitioner provide more proof than necessary to satisfy a preponderance of the evidence standard for a discretionary good faith marriage waiver, available to petitioners who can show they entered a failed marriage in good faith, where the petitioner testified that he had married for love, not immigration benefits, and the government submitted no evidence.

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