Posted on January 15, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Second Circuit found the BIA erred in applying the clear-error standard of review, instead of de novo, to the immigration judge’s denial of the petitioner’s application for a good-faith marriage waiver. The court also held the petitioner abandoned his abuse of discretion claim on the Motion to Reopen denial because he failed to adequately argue it in his brief.
Filed under: best deportation attorney | Tagged: BIA, board of immigration appeals, bona fide marriage, good faith marriage | 1 Comment »
Posted on February 28, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
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).
Filed under: best deportation attorney | Tagged: bona fide marriage, de novo review, good faith marriage, Petition for Review | Leave a comment »
Posted on July 6, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
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.
https://cbocalbos.wordpress.com/tag/fraudulent-marriages/
https://cbocalbos.wordpress.com/tag/marriage/
https://cbocalbos.wordpress.com/tag/immigration-marriage/
https://californiaimmigration.us/marriage-based-visa-denial-proceedure/
Filed under: marriage | Tagged: bona fide marriage, bona fide marriage exemption, good faith marriage, immigration marriage | Leave a comment »
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