The Ninth Circuit has determined that it does not have jurisdiction to review a negative credibility determination made by the agency with respect to the denial of an I-751 waiver. However, the Court found that the good faith marriage determination is a mixed question of fact and law over which it maintained jurisdiction to review. However, because it is a “primarily factual question,” the court’s review is deferential.

The full text of Zia v. Garland can be found here:

https://cdn.ca9.uscourts.gov/datastore/opinions/2024/08/26/21-1325.pdf

Comment