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Vasquez v. Holder

Facts

Renerose Vasquez, a native of the Philippines, married U.S. citizen Wilfredo Vasquez in 1994 and was admitted to the U.S. as a conditional permanent resident. During an interview for a joint petition to remove her conditional status, Wilfredo admitted that their marriage was for immigration purposes. This led to the termination of Vasquez's status due to marriage fraud. After divorcing Wilfredo, Vasquez married another U.S. citizen and sought a waiver for her previous marriage's fraud, which was denied by the BIA.

Vasquez and Wilfredo Vasquez filed a joint petition to remove the conditions on residence and appeared for an interview on May 20, 1998, with the INS.

Issue

Is an alien whose legal status as the spouse of a citizen terminated due to marriage fraud eligible for discretionary relief from removal?

We consider whether an alien whose legal status as the spouse of a citizen is later terminated because the marriage was fraudulent is eligible for discretionary relief from removal.

Rule

An alien is ineligible for an extreme hardship waiver if they fail to meet the joint petition requirements to remove conditions on residence, and a fraud waiver does not apply to the additional charge of removability based on the termination of conditional permanent resident status.

The opportunity to apply for an extreme hardship waiver is available only to those who 'fail[ ] to meet the [joint petition] requirements' to remove the conditions on residence.

Analysis

The court found that the BIA correctly determined that Vasquez was ineligible for an extreme hardship waiver because she and her husband had filed a joint petition, which was denied on the merits due to the admission of marriage fraud. The court also noted that the fraud waiver did not apply to the additional charge of removability based on the termination of her conditional status, as the BIA's interpretation of the relevant statutes was consistent with the law.

Although the INS ruling is somewhat confusing, there is no indication in the record that Wilfredo Vasquez withdrew his signature from the petition, as opposed to making statements at the interview indicating that the marriage was fraudulent.

Conclusion

The court granted Vasquez's petition for review and remanded the case to the BIA to determine whether her application for a fraud waiver should be denied in the exercise of discretion.

We grant the petition and remand to the Board of Immigration Appeals to determine whether petitioner Renerose Vasquez's application for a fraud waiver should be denied in the exercise of discretion.

Who won?

Renerose Vasquez prevailed in part, as the court granted her petition for review and remanded the case for further consideration of her fraud waiver application.

The BIA held that she is not, because the fraud waiver would not eliminate the additional charge the DHS lodged against Vasquez midway in her removal proceedings.

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