United States Sixth Circuit

A petition for review of a denial of petitioner's motion for reconsideration arising from adjustment of status proceedings is denied as an IJ's prior determination regarding whether petitioner's marriage was bona fide was not a final judgment on the merits, but merely the first step in a procedure that expressly provides for further inquiry into the validity of the marriage before a final determination is made.

Appellate Information

• Decided 09/18/2007
• Published 09/18/2007

Judges

• Before:  DAUGHTREY and GILMAN, Circuit Judges;  ADAMS, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Russell R. Abrutyn, Marshal E. Hyman & Associates, Troy, Michigan, for Petitioner.  James E. Grimes, United States Department of Justice, Washington, D.C., for Respondent.   ON BRIEF:  Marshal E. Hyman, Marshal E. Hyman & Associates, Troy, Michigan, for Petitioner.  James E. Grimes, United States Department of Justice, Washington, D.C., for Respondent.