First Circuit Permits Inquiry into the Bona Fides of a Marriage

The First Circuit has determined that an immigration judge may inquire into the bona fides of a marriage that is the basis of an application for adjustment of status, even after U.S. Citizenship and Immigration Services has approved an immediate relative petition based on the marriage.  The court noted that an immigration judge has a duty to determine if an applicant for adjustment of status is admissible, which includes ruling out that the applicant has committed marriage fraud.

The full text of Chan v. Lynch can be found here: http://media.ca1.uscourts.gov/pdf.opinions/15-2112P-01A.pdf

First Circuit Addresses Requirements for VAWA Cancellation of Removal

An Immigration Judge denied Sonia Tillery's application for VAWA cancellation of removal, suggesting that she had not proven that her marriage to her abusive US citizen was bona fide.  The Board of Immigration Appeals affirmed.  The First Circuit reversed, noting that the VAWA cancellation statute (unlike the VAWA self-petition statute) does not specifically require proof of a good faith marriage.  While the statute does not permit an applicant to be inadmissible under the statutory provision related to marriage fraud, the Court noted that there was not an explicit finding of marriage fraud, and as such, remanded the case to the agency for further proceedings consistent with the opinion.

The full text of Tillery v. Lynch can be found here: http://media.ca1.uscourts.gov/pdf.opinions/14-1193P-01A.pdf