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Keywords

appealpleamotionimmigration lawdeportation
appealpleamotionimmigration lawdeportation

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Salas-Velazquez v. Immigration and Naturalization Service

Facts

Petitioner alien entered the U.S. as a visitor for pleasure. He married a U.S. citizen and filed a petition to adjust status, which was denied on the grounds that the marriage was fraudulent. The INS charged him with deportability, and the immigration judge denied his motions for adjustment of status based on a second marriage, suspension of deportation based on residency and hardship, and a waiver of deportability. The BIA affirmed the immigration judge's decision.

Petitioner alien entered the U.S. as a visitor for pleasure. He married a U.S. citizen and filed a petition to adjust status, which was denied on the grounds that the marriage was fraudulent. The INS charged him with deportability, and the immigration judge denied his motions for adjustment of status based on a second marriage, suspension of deportation based on residency and hardship, and a waiver of deportability. The BIA affirmed the immigration judge's decision.

Issue

Whether the Board of Immigration Appeals erred in denying petitioner's requests for adjustment of status, waiver of deportability, and suspension of deportation.

Whether the Board of Immigration Appeals erred in denying petitioner's requests for adjustment of status, waiver of deportability, and suspension of deportation.

Rule

Under Section 204(c) of the Immigration and Nationality Act, no petition for immigrant status may be approved if the alien has previously been accorded or sought to be accorded an immediate relative or preference status as a spouse of a citizen of the United States by reason of a marriage determined to have been entered into for the purpose of evading immigration laws.

Under Section 204(c) of the Immigration and Nationality Act, no petition for immigrant status may be approved if the alien has previously been accorded or sought to be accorded an immediate relative or preference status as a spouse of a citizen of the United States by reason of a marriage determined to have been entered into for the purpose of evading immigration laws.

Analysis

The court applied the rule by examining the nature of petitioner's first marriage, which was found to be fraudulent and solely for the purpose of obtaining immigration benefits. The court noted that the BIA's interpretation of 'extreme hardship' was within its discretion and that the evidence did not support petitioner's claims of extreme hardship due to his deportation.

The court applied the rule by examining the nature of petitioner's first marriage, which was found to be fraudulent and solely for the purpose of obtaining immigration benefits. The court noted that the BIA's interpretation of 'extreme hardship' was within its discretion and that the evidence did not support petitioner's claims of extreme hardship due to his deportation.

Conclusion

The court affirmed the order of the Board of Immigration Appeals directing that petitioner alien be deported.

The court affirmed the order of the Board of Immigration Appeals directing that petitioner alien be deported.

Who won?

The Board of Immigration Appeals prevailed in the case as the court affirmed its decision to deny the petitioner's requests for relief based on the fraudulent nature of his first marriage.

The Board of Immigration Appeals prevailed in the case as the court affirmed its decision to deny the petitioner's requests for relief based on the fraudulent nature of his first marriage.

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