Mele v. Lynch, No. 13-1917 (1st Cir. 2015)
Annotate this CasePetitioner, a native of Jordan, was ordered deported in 1997. In 2002, Petitioner married a United States citizen. Petitioner’s wife filed a Form I-130 petition on Petitioner’s behalf for an immigrant visa. In 2009, the U.S. Citizenship and Immigration Services granted the I-130 petition. While the petition was pending, Petitioner moved to reopen his immigration proceedings and sought an adjustment of status based on his marriage. In 2010, Petitioner was arrested on six counts related to the illegal sale of prescription drugs. In 2011, the Immigration Judge (IJ) denied Petitioner’s application for adjustment of status and ordered him removed, concluding that the circumstances underlying Petitioner’s pending criminal charges outweighed the evidence favorable to him. The Board of Immigration Appeals affirmed. Petitioner appealed. The First Circuit dismissed Petitioner’s petition for review, holding that the Court lacked jurisdiction to review the IJ’s purely discretionary decision.
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