Upatcha received conditional residency through her marriage to a US citizen. Their marriage subsequently ended in a divorce. She applied for a waiver of the requirement of the joint petition to remove conditions on her residency, on the basis that her marriage was entered into good faith. The Immigration Judge denied the waiver, finding that she did not enter into her marriage in good faith. The Board of Immigration Appeals affirmed, finding no clear error in the Immigration Judge's decision. The Fourth Circuit reversed, finding that the Board of Immigration Appeals should have applied a de novo standard of review to this question of law (i.e., whether the evidence in the record established a good faith marriage).
The full text of Upatcha v. Sessions can be found here: