Darif v. Holder

Federal 7th Circuit Court
Civil Court
Case Number: 
No. 12-1050
Decision Date: 
January 2, 2014
Federal District: 
Petition for Review, Order of Bd. of Immigration Appeals
Petition denied
Ct. of Appeals lacked jurisdiction to review Bd.’s order removing alien on ground that alien, as conditional permanent resident, had been previously found guilty of marriage fraud under 8 USC section 1325(c) when obtaining initial visa to enter U.S., where basis of alien’s appeal was Bd.’s denial of his application for waiver of removal on extreme hardship grounds under 8 USC section 1186a(2)(4). Ct. of Appeals generally lacks jurisdiction to review Bd.’s discretionary decisions, and extreme hardship waiver is discretionary form of relief. Moreover, alien had waived any due process claim arising out of his removal hearing by failing to raise issue in his initial appellate brief, and alien otherwise failed to establish any prejudice arising out of his hearing before IJ, where Bd. made independent decision to deny application for extreme hardship waiver.