SONG SHENG ZHANG v. LORETTA LYNCH (2016)

MEMORANDUM*

Song Sheng Zhang, a native and citizen of China, petitions for review of the Board of Immigration Appeals' order dismissing his appeal from an immigration judge's (“IJ”) order finding Zhang removable and denying his application under 8 U.S.C. § 1186a(c)(4)(B) for waiver of the joint filing requirement to remove the conditional basis of his lawful permanent resident status. We have jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence the agency's denial of a waiver under 8 U.S.C. § 1186a(c)(4)(B). Damon v. Ashcroft, 360 F.3d 1084, 1087 (9th Cir. 2004). We deny the petition for review.

Substantial evidence supports the agency's denial of Zhang's application for a waiver under 8 U.S.C. § 1186a(c)(4)(B), where the limited evidence Zhang provided was insufficient to show that he entered into his marriage to his former United States citizen spouse in good faith. See 8 U.S.C. § 1186a(c)(4)(B) (to establish eligibility for this waiver, the alien must demonstrate that “the qualifying marriage was entered into in good faith by the alien spouse”).

To the extent Zhang challenges the IJ's conclusions concerning the availability of corroborating evidence, the IJ's determination is supported by substantial evidence. See 8 U.S.C. § 1252(b)(4) (“No court shall reverse a determination made by a trier of fact with respect to the availability of corroborating evidence, ․ unless the court finds ․ that a reasonable trier of fact is compelled to conclude that such corroborating evidence is unavailable.”).

PETITION FOR REVIEW DENIED.