United States Eighth Circuit

Petition for review of the decision denying him a waiver of the spousal joint-filing requirement for the removal of the conditions on his permanent resident status is denied where: 1) the Board of Immigration Appeals properly placed the burden on plaintiff to show he entered his marriage in good faith; 2) the present court has jurisdiction to review the decision to deny the waiver on the basis that plaintiff failed to establish a good-faith marriage as eligibility for discretionary relief is a question of law or the application of law to facts; 3) the Board did not err in concluding that plaintiff was ineligible for a good-faith-marriage waiver as he did not meet the legal standard of what constitutes a good-faith marriage; and 4) the present court does not have jurisdiction to consider plaintiff's due process claim, as plaintiff did not have a liberty interest in obtaining discretionary relief from removal and thus had no due-process right.

Appellate Information

• Decided 05/20/2009
• Published 05/20/2009

Judges

• MELLOY, Circuit Judge., Before MELLOY and BENTON, Circuit Judges, and MAGNUSON, District Judge.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Timothy E. Wichmer, argued, St. Louis, MO, for petitioner.


• For Appellees:
  
• Brooke Maurer, argued, Andrew Oliveira, on the brief, Washington, D.C., for respondent.