Vidinski v. Lynch

Federal 7th Circuit Court
Civil Court
Immigration
Citation
Case Number: 
Nos. 13-2478 & 13-3263 Cons.
Decision Date: 
November 1, 2016
Federal District: 
Petition for Review, Order of Bd. of Immigration Appeals
Holding: 
Petition dismissed and denied in part

Ct. of Appeals lacked jurisdiction to consider alien’s petition for review of Bd.’s denial of his request for cancelation of removal based on “exceptional and extremely unusual hardship” to his family members, where: (1) alien was removable for having overstayed his visitor visa; and (2) Bd.’s decision was discretionary in nature that did not involve constitutional claim or question of law. Moreover, while Ct. of Appeals had jurisdiction to consider Bd.’s finding that alien had engaged in marriage fraud, Bd. could properly find that alien had engaged in marriage fraud based on sworn affidavit of wife that alien had paid her $5,000 to marry him, and that she had never lived with alien or had sexual relations with him. Fact that alien did not have opportunity to cross-examine wife since she was not called as witness did not require different result, where her statements in affidavit were corroborated by other evidence, and where alien refused to testify to refute her claims.