Lin v. Holder

Petitioner, a citizen of China then still in China, married an American citizen. Two years later, Petitioner entered the United States and was granted conditional permanent resident status on the basis of her marriage. Petitioner and her husband had filed a joint petition to remove the conditions on Petitioner’s residency, but the joint petition was denied after the couple’s divorce. Petitioner subsequently sought a waiver of the joint petition requirement, arguing that she had entered into the marriage in good faith. The waiver was denied. Petitioner later conceded removability but sought review of the waiver denial. An immigration judge (IJ) denied Petitioner’s request for relief and granted voluntary departure, finding that Petitioner failed to meet her burden to demonstrate she entered into her marriage in good faith. The Board of Immigration Appeals (BIA) adopted and affirmed the IJ’s decision. The First Circuit denied Petitioner’s petition for review, holding that the decisions by the BIA and IJ were supported by substantial evidence. View "Lin v. Holder" on Justia Law