Omorhienrhien v. Barr

Federal 7th Circuit Court
Civil Court
Immigration
Citation
Case Number: 
No. 19-2175
Decision Date: 
March 13, 2020
Federal District: 
Petition for Review, Order of Board of Immigration Appeals
Holding: 
Petition denied

Alien failed to present any legal error in appeal of Bd.’s dismissal of alien’s appeal of IJ’s order that denied alien’s request to waive joint-filing requirement in his Form I-175 (petition to remove conditions on his residence) where alien had previously filed Form I-130 (petition for alien relative) that was based on his marriage to U.S. citizen, and where: (1) alien was no longer married to U.S. citizen; and (2) IJ found that alien had not entered into marriage in good faith based upon inconsistencies in alien’s testimony regarding his living arrangements and separation from his wife, as well as his failure to produce documentation demonstrating that alien had married U.S. citizen with intent to share life together. Ct. of Appeals could only review record for existence of legal errors, and record otherwise showed that IJ applied correct legal standard of proof when considering govt.’s presentation of evidence that discredited alien’s testimony and  alien's failure to submit objective evidence to corroborate his testimony.