United States Ninth Circuit

In a petition for review of the BIA's determination that petitioner was not entitled to permanent resident status, the petition is denied where: 1) 8 U.S.C. section 1186a(b) puts the burden of proof on the government to prove that his marriage was fraudulent; 2) given the numerous inconsistencies in his testimony, petitioner failed to carry his burden to prove that his marriage was bona fide; and 3) because petitioner's extreme hardship argument was based on the effect his removal would have on a family from his second marriage, which did not exist during his two-year conditional resident status, he did not qualify for a waiver on that ground.

Appellate Information

• Argued 02/12/2010
• Decided 04/22/2010
• Published 04/22/2010

Judges

• Before ALFRED T. GOODWIN, MARSHA S. BERZON and SANDRA S. IKUTA, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Michael P. Karr and Lizbeth A. Galdamez, Law Offices of Michael P. Karr & Associates, Sacramento, CA, for petitioner Hammad.


• For Appellees:
  
• Gregory G. Katsas, Assistant Attorney General, Stephen J. Flynn, Senior Litigation Counsel, Karen Y. Stewart, Attorney, and Ari Nazarov, Attorney, Office of Immigration Litigation, Civil Division, Washington, D.C., for respondent United States.