Rodriguez v. Holder, 08-60585
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.
- Decided 10/13/2009
- Published 10/13/2009
- HAYNES, Circuit Judge:, Before DAVIS, OWEN and HAYNES, Circuit Judges.
- United States Fifth Circuit
- 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.