United States Ninth Circuit

In an appeal from a denial of a petition to remove conditions on permanent residency that was based on marriage fraud, the BIA's dismissal is affirmed, where: 1) the BIA was correct to conclude that the 90-day period within which USCIS must render a decision on such a petition did not start running after the petitioner's first scheduled interview, but rather at the conclusion of the interview process; and 2) the court lacked jurisdiction to consider the petitioner's due process argument because it was not raised at the administrative level.

Appellate Information

• Decided 01/17/2012
• Published 01/17/2012

Judges

• Thomas

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Saad Ahmad, Tony West