Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Rodriguez v. Holder

Under Title 8 of the Code of Federal Regulations � 1003.1(d)(3)(I), the Board of Immigration Appeals cannot engage in de novo review of findings of fact determined by an immigration judge. Instead, the BIA reviews those facts, including credibility determinations, only to determine whether they are clearly erroneous. Here, the BIA has obviously engaged in a de novo review of the IJ's findings of fact and credibility determinations. 5th U.S. Circuit Court of Appeals, No. 08-60585, 10-09-2009

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Published opinion

Before DAVIS, OWEN, and HAYNES, Circuit Judges.

Esperanza Alvarado de Rodriguez (“Alvarado”) appeals the Board of Immigration Appeals’ (“BIA”) decision, which overturned an Immigration Judge’s order granting her a good-faith hardship waiver of the joint filing requirement of section 216(c)(4)(A) of the Immigration and Nationality Act (“INA”). Such a hardship waiver was required to remove the conditional nature of Alvarado’s status, and the BIA’s denial of the waiver meant she would be removed to Mexico. In her petition for review, Alvarado claims that (1) this Court has jurisdiction to consider her appeal; (2) the BIA incorrectly reviewed the Immigration Judge’s findings of fact de novo; (3) the BIA’s consideration of a government-sponsored affidavit was improper; and (4) the BIA’s eventual holding — that the marriage was not entered into in good faith — was erroneous. Because the BIA applied the incorrect legal standard to conclude that the marriage was not entered into in good faith, we REVERSE the order of the BIA and REMAND for further proceedings not inconsistent with this opinion.*fn1

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
Women, Influence & Power in Law US Awards 2024
September 24, 2024
Chicago, IL

Women, Influence & Power in Law Awards honors women lawyers who have made a remarkable difference in the legal profession.


Learn More
Women, Influence & Power in Law (WIPL) 2024
September 23, 2024 - September 25, 2024
Chicago, IL

WIPL is the original global forum facilitating women-to-women exchange on leadership and legal issues.


Learn More
New England Legal Awards 2024
September 26, 2024
Boston, MA

The New England Legal Awards serves as a testament to the outstanding contributions and achievements made by legal professionals.


Learn More
Go to Events Go to Webcasts
Associate

A prominent AV-rated Education Law firm seeks an associate with 5+ years experience. The role will primarily involve advice and counsel in ...


Apply Now ›
Associate Attorney

Associate attorney position at NJ Immigration Law firm: Leschak & Associates, LLC, based in Freehold, NJ, is looking for a full time ass...


Apply Now ›
Plaintiff Personal Injury Attorney

Javerbaum Wurgaft, a large civil litigation firm with nine (9) offices, seeks: Plaintiff Personal Injury Attorney for Northern New Jersey of...


Apply Now ›
Go to Lawjobs