United States Fifth Circuit

Petition for review of a BIA ruling that petitioner-Fiji native was statutorily ineligible for an extreme hardship waiver based on a finding that her marriage was not entered into in good faith is granted as the plain language of the applicable statute does not require a good faith marriage to obtain an extreme hardship waiver.

Appellate Information

• Decided 05/30/2007
• Published 05/31/2007

Judges

• BENAVIDES, Circuit Judge:, Before SMITH, BENAVIDES and PRADO, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Brian K. Bates (argued), Quan, Burdette & Perez, Houston, TX, for Petitioner.


• For Appellees:
  
• Phillip Michael Truman (argued), Ann Carroll Varnon, David V. Bernal, Thomas Ward Hussey, Dir., John Clifford Cunningham, Jamie Marie Dowd, U.S. Dept. of Justice, OIL, Washington, DC, Trey Lund, U.S. Imm. & Customs Enforcement, Attn: Carl Perry, New Orleans, LA, Sharon A. Hudson, U.S. Citizenship & Imm. Services, Houston, TX, for Respondent.