United States Second Circuit

Petition for review of a denial of petitioner's motion to remand his case to an IJ in order to apply for an extreme hardship waiver of the ordinary requirement that a conditional permanent resident file a joint petition with his spouse to remove the conditional designation of his residency status is denied where: 1) there was jurisdiction to hear the matter; but 2) the BIA did not abuse its discretion by refusing to remand petitioner's case.

Appellate Information

• Decided 07/25/2008
• Published 07/25/2008

Judges

• CALABRESI, Circuit Judge:, Before:  CALABRESI, STRAUB, and B.D. PARKER, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Alan Michael Strauss (Stanley H. Wallenstein, on the brief), New York, N.Y., for Petitioner.


• For Appellees:
  
• Ada Bosque, Office of Immigration Litigation, (Alison Marie Igoe, Office of Immigration Litigation, on the brief) for Jeffrey S. Bucholtz, Acting Assistant Attorney General, Department of Justice, Washington, DC, for Respondent.