United States Third Circuit

The district court properly found for the government on petitioners' challenge to the Board of Immigration Appeals' (BIA) denial of the Petition for Alien Relative filed by petitioner-wife on behalf of her non-citizen husband, where: 1) the intent to enter into a marriage solely to gain immigration benefits is sufficient to establish intent to evade the immigration laws, so although husband withdrew his prior petition which was based on a sham marriage and entered a good-faith second marriage, the bar on subsequent petitions under 8 U.S.C. section 1154(c) applies; and 2) petitioners' constitutional claims fail.

Appellate Information

• Decided 01/10/2014
• Published 01/10/2014

Judges

• AMBRO

Court

• United States Third Circuit

Counsel