United States Fourth Circuit

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Upatcha v. Sessions, 15-1270

In a petition for review of a decision of the Board of Immigrant Appeals (BIA) affirming an immigration judge's (IJ) denial of petitioner's request for a hardship waiver that would allow her to stay in the country despite the fact that her marriage to a U.S. citizen had ended in divorce, concluding that petitioner failed to demonstrate that she entered into her marriage in good faith, as required by 8 U.S.C. section 1186a(c)(4)(B), the petition is granted where: 1) the BIA applied the wrong standard of review; and 2) whether petitioner established that her marriage was entered into in good faith is a mixed question of fact and law, and the IJ’s ultimate conclusion that the credited evidence did not meet the good faith standard is a legal judgment subject to de novo review.

Appellate Information

  • Decided
  • Published 2017/02/22




  • United States Fourth Circuit


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