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Keywords

jurisdictionattorneytestimonygood faithjudicial reviewrespondentcredibility
jurisdictionattorneytestimonygood faithjudicial reviewrespondentcredibility

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Urena-Tavarez v. Ashcroft

Facts

Petitioner is a 61-year old native and citizen of the Dominican Republic, and his two children are also natives and citizens of the Dominican Republic. He married a U.S. citizen, Eladia Pineiro, in Camden, New Jersey, and obtained conditional permanent resident status. However, during an interview with an immigration officer, Pineiro withdrew her support for the joint application to remove the conditions on Tavarez's permanent residence, leading to the denial of his application for a waiver after the IJ found that the marriage was not entered into in good faith.

Petitioner is a 61-year old native and citizen of the Dominican Republic, and his two children are also natives and citizens of the Dominican Republic. He married a U.S. citizen, Eladia Pineiro, in Camden, New Jersey, and obtained conditional permanent resident status. However, during an interview with an immigration officer, Pineiro withdrew her support for the joint application to remove the conditions on Tavarez's permanent residence, leading to the denial of his application for a waiver after the IJ found that the marriage was not entered into in good faith.

Issue

Whether the court has jurisdiction to review the denial of the waiver application under 8 U.S.C.S. 1186a(c)(4) given that the Attorney General has 'sole discretion' in determining the credibility and weight of evidence presented.

Whether the court has jurisdiction to review the denial of the waiver application under 8 U.S.C.S. 1186a(c)(4) given that the Attorney General has 'sole discretion' in determining the credibility and weight of evidence presented.

Rule

Under 8 U.S.C. 1252(a)(2)(B)(ii), no court shall have jurisdiction to review any decision or action of the Attorney General that is specified to be in the discretion of the Attorney General, including the determination of whether an alien has presented sufficient evidence to warrant a waiver under 8 U.S.C. 1186a(c)(4).

Under 8 U.S.C. 1252(a)(2)(B)(ii), no court shall have jurisdiction to review any decision or action of the Attorney General that is specified to be in the discretion of the Attorney General, including the determination of whether an alien has presented sufficient evidence to warrant a waiver under 8 U.S.C. 1186a(c)(4).

Analysis

The court found that the BIA's decision was based on the IJ's findings, which were supported by Pineiro's testimony that contradicted Tavarez's claims of a good faith marriage. The court emphasized that the Attorney General's discretion in evaluating the evidence and making determinations regarding the waiver application is not subject to judicial review, thus affirming the BIA's decision.

The court found that the BIA's decision was based on the IJ's findings, which were supported by Pineiro's testimony that contradicted Tavarez's claims of a good faith marriage. The court emphasized that the Attorney General's discretion in evaluating the evidence and making determinations regarding the waiver application is not subject to judicial review, thus affirming the BIA's decision.

Conclusion

The court denied the petition for review, concluding that it lacked jurisdiction to review the BIA's decision regarding the waiver application.

The court denied the petition for review, concluding that it lacked jurisdiction to review the BIA's decision regarding the waiver application.

Who won?

The respondent, Attorney General, prevailed because the court found that it lacked jurisdiction to review the discretionary decision made by the Attorney General regarding the waiver application.

The respondent, Attorney General, prevailed because the court found that it lacked jurisdiction to review the discretionary decision made by the Attorney General regarding the waiver application.

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