United States First Circuit

In a petition for review of a Board of Immigration Appeals (BIA) decision upholding an Immigration Judge's (IJ) denial of alien-petitioner's request for an adjustment of status and order of removal, the petition is denied in case presenting a question of first impression in this circuit, where, when United States Citizenship and Immigration Services (USCIS) has approved an I-130 'immediate relative' visa petition based on an alien's marriage to a U.S. citizen, the immigration court, in a parallel removal proceeding, has jurisdiction to inquire into the bona fides of the anchoring marriage.

Appellate Information

• Published 2016/12/13

Judges

• SELYA

Court

• United States First Circuit

Counsel