Discretionary Relief

REYES v. CISSNA

Holding that USCIS did not abuse its discretion when it denied a Special Immigrant Juvenile Status (SIJS) application because the applicant provided a temporary rather than a permanent custody order that did not reflect the state court's factual findings, even though the applicant later submitted a second permanent custody order that complied with USCIS requirements. 

Date of Decision
Publication Status
Unpublished
Case Categories
Other Relief
SIJS
Case Judge
Duncan
Agee
Brinkema*

UPATCHA v. BARR

Holding that, following remand, the agency properly denied Petitioner's application for an INA § 216a(c)(4)(B) good faith marriage waiver because (1) the Court lacked jurisdiction to consider the agency's adverse credibility determination and weighing of evidence, (2) Petitioner failed to submit sufficient evidence to satisfy the statutory standard for a good faith marriage, and (3) the Immigration Judge did not violate Petitioner's due process rights at the merits hearing.

Date of Decision
Publication Status
Unpublished
Case Categories
Waivers
216a(c)(4)(B)
Procedural
Jurisdiction
Due Process
Immigration Proceedings
Case Judge
Diaz
Harris
Traxler

AMIN v. SESSIONS

Holding that the Immigration Judge did not abuse his discretion or violate due process in denying a continuance after Petitioner retained new counsel, and upholding the Immigration Judge's denial of Petitioner's application for an 8 U.S.C. § 1186a(c)(4)(B) good faith marriage waiver because (1) the Court lacked jurisdiction to review the agency’s weighing of evidence, (2) the Board applied the correct standard of review, and (3) Petitioner’s evidence failed to satisfy the statutory standard for a good faith marriage.

Date of Decision
Publication Status
Unpublished
Case Categories
Due Process
Immigration Proceedings
Procedural
Jurisdiction
Standards of Review
Case Judge
Agee
Keenan
Shedd