Category Archives: I-751 petition

Recent Cases United States Court of Appeals for the 7th Circuit (October 2017-December 2017)

Baez-Sanchez v. Sessions, No. 16-3784 (October 6, 2017) Petition for Review, Order of Bd. of Immigration Appeals Petition granted Bd. erred in finding that IJ lacked authority to grant alien’s request to waive alien’s inadmissibility (and thus to temporarily halt … Continue reading

Posted in 7th Circuit, 7th Circuit Cases- Aliens, Administrative Procedure Act, Asylum, Cancellation of Removal for Non-Lawful Permanent Residents, I-751 petition, Motion to Reopen, remove residency conditions, U nonimmigrant status, U-Visa, Uncategorized, Victims of Trafficking and Violence Protection Act, violating order of protection, writ of mandamus | Leave a comment

CA7 on burden of proving by a preponderance of the evidence that marriage was bona fide

The Board of Immigration Appeals applied too high a burden of proof when it determined that a conditional permanent resident’s marriage was not bona fide and the error warranted remand because the resident testified unequivocally that he did not marry … Continue reading

Posted in 7th Circuit, 7th Circuit Cases- Aliens, burden of proof, Good-Faith Marriage Waiver, I-751 petition, Joint Petition I-751, Marriage Fraud, Petition for Removal of Conditions on Conditional Residence, Removal of Conditions on Permanent Residency Based on Marriage, Waiver of Joint Petition Application | Leave a comment

CA7 denies Motion to Continue hearing for witness to testify in support of good faith marriage waiver

Bouras, a citizen of Algeria, entered the U.S. in 1997 as a nonimmigrant business visitor and overstayed his visa. In 2006, while living in Chicago, he married Schreiner, who lived in Ohio. He was granted conditional permanent resident status based … Continue reading

Posted in 7th Circuit, 7th Circuit Cases- Aliens, Good-Faith Marriage Waiver, I-751 petition, Marriage Fraud, Motion for Continuance | Leave a comment

CA7 denies I-751 extreme hardship waiver because an alien has no protected liberty interest in discretionary immigration relief

CA7 Denies Extreme-Hardship Waiver for Petitioner Convicted of Marriage Fraud. The court denied the petition for review, finding that the petitioner’s due process argument failed because he had no legitimate claim of entitlement to an extreme-hardship waiver under INA §216(c)(4). … Continue reading

Posted in 7th Circuit, 7th Circuit Cases- Aliens, extreme hardship waiver, Good-Faith Marriage Waiver, I-751 petition, Immigration Marriage Fraud Amendments Act of 1986, Marriage Fraud, Petition for Removal of Conditions on Conditional Residence | Leave a comment