Yang v. Holder

Federal 7th Circuit Court
Civil Court
Citation
Case Number: 
No. 13-3849
Decision Date: 
July 25, 2014
Federal District: 
Petition for Review, Order of Bd. of Immigration Appeals
Holding: 
Petition granted
Ct. of Appeals lacked jurisdiction to consider asylum application of alien (citizen of China), where said application was filed beyond applicable one-year period for doing so, and where any issue regarding changed circumstances within China to support jurisdiction to consider instant issue lies outside realm of section 1252(a)(2)(b) of REAL ID Act. Moreover, IJ could properly deny alien’s application for withholding of removal, where alien failed to comply with fingerprint processing requirements associated with said application, and where alien’s allegations of prosecution were too tepid to support said application on its merits. IJ abused his discretion, though, in denying alien’s request for continuance of removal proceedings for purpose of considering his I-130 petition to become lawful permanent resident due to his marriage to U.S. citizen where: (1) USCIS’s initial denial of said petition was based on finding that alien’s prior marriage was sham; (2) USCIS misplaced alien’s rebuttal materials; and (3) record supported genuine nature of alien’s current marriage.