Restrepo v. Holder, No. 10-1750 (1st Cir. 2012)Annotate this Case
Petitioner entered the U.S. in 1988 as a visitor, overstayed, and, in 1990, married María, a fellow Colombian. The couple had two children before separating in 1995. In 1996, petitioner's father sought an immigrant visa under 8 U.S.C. 1153(a)(2)(B), which permits unmarried children of an alien who has been lawfully admitted for permanent residence to obtain a visa. The petition was approved. Petitioner and Maria finalized their divorce one month later and María immediately married a U.S. citizen and attained lawful permanent resident status as his spouse. In 1999, María and petitioner ostensibly reconciled and had a third child. They remarried after Maria’s divorce. DHS denied petitioner’s request for adjustment of status and revoked his immigrant visa and began removal proceedings. An IJ denied his application for cancellation of removal finding that petitioner had failed to show that he was a "person of good moral character" while living in the U.S. Meanwhile, Maria filed a visa petition on his behalf as a permanent resident applying for naturalization. USCIS denied María's application when it determined that María's second marriage was a sham. The BIA affirmed. The First Circuit denied review. Findings concerning false testimony were reasonable.