United States Seventh Circuit

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Malave v. Holder, 08-3578

A Nicaraguan citizen's petition for review of a decision ordering her removed from the U.S. after a finding that she had paid $1000 to her ex-husband to enter into a sham marriage for the purpose of obtaining an immigration benefit, is granted as, although section 202(f) of NACARA insulates from judicial review the decision whether to believe particular evidence of immigration fraud, before exercising this unreviewable power, the IJ must furnish the alien with compulsory process to seek the adverse witness's presence so that the truth of the writings may be tested.

Appellate Information

  • Argued 09/22/2009
  • Submitted 06/29/2010
  • Decided 12/29/2009
  • Published 06/29/2010

Judges

  • EASTERBROOK, C. J.

Court

  • United States Seventh Circuit

Counsel