Moreta v. Holder, No. 12-1902 (1st Cir. 2013)
Annotate this CasePetitioner was admitted to the United States as a permanent resident on a conditional basis based on her marriage to a United States citizen. After she divorced, Petitioner's status as a conditional permanent resident was terminated. Petitioner filed two applications for relief six months past the deadline. The immigration judge (IJ) denied the applications, finding, among other things, that Petitioner had abandoned her applications by failing to file them by the deadline. The Board of Immigration Appeals (BIA) affirmed on the grounds of abandonment. The First Circuit Court of Appeals denied Petitioner's petition for review, holding (1) the IJ acted within her discretion in finding that Petitioner had abandoned her applications for relief by missing the filing deadline; and (2) because the BIA's and IJ's findings as to abandonment was not an abuse of discretion, the BIA did not abuse its discretion by failing to address Petitioner's other arguments on appeal.
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