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testimonywillvisa

Related Cases

_Goswell-Renner v. Holder

Facts

Goswell-Renner entered the U.S. on a student visa in 1990, and her mother filed a petition for her residency as an unmarried daughter, which was approved in 1998. After marrying in 1999, she did not disclose her marriage when applying for adjustment of status, leading to her eventual removal proceedings initiated by the Department of Homeland Security in 2010. The immigration judge found that her false testimony during the adjustment interview rendered her ineligible for cancellation of removal.

Goswell-Renner entered the United States on a non-immigrant student visa in 1990. Several years later, her mother filed a petition for Goswell-Renner to become a resident as an unmarried daughter over the age of twenty-one. That petition was approved in 1998. The next year, Goswell-Renner married. The marriage automatically revoked the approval of her petition, because the petition was premised on her status as an unmarried daughter.

Issue

Did the immigration judge err in finding that Goswell-Renner was ineligible for cancellation of removal and in rejecting her claim for withholding of removal based on her fear of persecution for her daughters?

Rule

To be eligible for cancellation of removal, an applicant must demonstrate good moral character for ten years preceding the application, and giving false testimony for immigration benefits disqualifies an applicant from being considered of good moral character.

To be eligible for cancellation of removal, an applicant must demonstrate good moral character for ten years preceding the date that she applied for cancellation of removal.

Analysis

The court upheld the immigration judge's findings, noting that Goswell-Renner's false testimony about her marital status was willful and that she failed to demonstrate a credible fear of persecution for herself. The court also pointed out that her claims regarding the risk to her daughters did not constitute a valid basis for withholding of removal, as they were deemed speculative.

Conclusion

The court denied Goswell-Renner's petition for review, affirming the immigration judge's decision that she was removable and ineligible for cancellation of removal.

Who won?

The government prevailed in the case as the court upheld the immigration judge's findings and the Board's decision to deny Goswell-Renner's claims.

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