Federal 7th Circuit Court
Civil Court
Immigration
Record failed to support IJ’s removal order of alien, citizen of Mexico who had been married to U.S. citizen, where remand was ordered after IJ denied alien’s request for permanent residency through issuance of discretionary waiver under 8 USC section 1186(a)(C)(4)(B) for individuals who can show that they had entered into failed marriages in good faith. Bd. affirmed IJ’s denial of discretionary waiver based on legal error, where: (1) Bd. elected to credit all of alien’s testimony, including his contention that love, rather than residency, motivated him to accept former wife’s marriage proposal; (2) govt. failed to present any contrary evidence; and (3) under applicable preponderance of evidence standard, only conclusion that Bd. could logically reach was that alien’s marriage was bona fide.