Lamim v. Holder, No. 13-2451 (1st Cir. 2014)Annotate this Case
Petitioner, a native and citizen of Brazil, entered the United States on a tourist visa in 2011. Petitioner married a United States citizen in 2004, at which point he was granted conditional permanent resident status. Petitioner and his wife did not seek to alter Petitioner’s status so it would no longer be conditional by the deadline, and, after his marriage ended, Petitioner filed for a hardship waiver. The United States Citizenship and Immigration Service denied Petitioner’s waiver request, and Petitioner was served with a notice to appear in removal proceedings. Petitioner renewed his waiver request, which an Immigration Judge denied. The Board of Immigration Appeals affirmed, finding that Petitioner did not make a showing that he entered into his marriage in good faith. The First Circuit denied Petitioner’s petition for review, holding that the Board’s finding on the issue of whether Petitioner’s marriage was entered into in good faith was supported by substantial evidence on the record.