CONTRERAS-SALINAS V. HOLDER 585 F.3d 710 (2nd Cir. 2009) CASE BRIEF

CONTRERAS-SALINAS V. HOLDER

585 F.3d 710 (2nd Cir. 2009)

NATURE OF THE CASE: Contreras-Salinas (P) seeks review of a decision of the Board of Immigration Appeals ('BIA') affirming a decision and order of an immigration judge ('IJ') denying petitioner's request for a 'good faith marriage waiver' under 8 U.S.C. 1186a(c)(4)(B) and ordering her removal.

FACTS: P is a native and citizen of Peru who came to the United States on October 15, 1994 as a nonimmigrant visitor. She married Ramon Arroyo ('Arroyo'), a citizen of the United States, on December 17, 1994. P's status was adjusted to that of a conditional permanent resident. To obtain that adjustment she had to secure a waiver pursuant to 8 U.S.C. 1182(i)(1) because her initial entry into the United States had been procured by fraud. P was required to petition for removal of her conditional status within 90 days of the second anniversary of obtaining permanent resident status and submit to a personal interview before immigration officials. Prior to the time period during which she could petition for removal of conditional status, P and Arroyo separated. P and Arroyo filed a joint application for removal of conditional status as required by 8 U.S.C. 1186a(c)(1)(A), but subsequently were divorced and failed to appear at the interview concerning the application. P then filed an application for a 'good faith marriage waiver' of the 1186a(c)(1) requirements pursuant to 8 U.S.C. 1186a(c)(4)(B). The Department of Homeland Security denied the waiver request on October 31, 2000, finding that P failed to prove that her marriage to Arroyo was entered into in good faith, and thereafter commenced removal proceedings. P challenged the denial of her waiver application. The IJ concluded that P had not established that her first marriage was bona fide in that some of the documents she submitted appeared to have been falsified and created in an attempt to 'buttress her Immigration claim' and 'mislead the Immigration authorities.' The IJ affirmed the denial of the good faith marriage waiver and ordered petitioner removed to Peru. That decision was appealed to the BIA, which dismissed the appeal in a written decision on August 22, 2008.

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