United States Fifth Circuit

In a petition for review of the BIA's order overturning an Immigration Judge's order granting petitioner a good-faith hardship waiver of the joint filing requirement of section 216(c)(4)(A) of the Immigration and Nationality Act, the petition is granted where the BIA applied the incorrect legal standard to conclude that petitioner's marriage was not entered into in good faith.

Appellate Information

• Decided 10/13/2009
• Published 10/13/2009

Judges

• HAYNES, Circuit Judge:, Before DAVIS, OWEN and HAYNES, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Simon M. Azar-Farr (argued), Simon Azar-Farr & Associates, San Antonio, TX, for Petitioner.


• For Appellees:
  
• Michael Christopher Heyse (argued), Justin Constantine, John S. Hogan, Thomas Ward Hussey, Dir., U.S. Dept. of Justice, OIL, Washington, DC, Mario R. Ortiz, U.S. INS, Dist. Dir. Office, San Antonio, TX, for Respondent.