Taveras-Duran v. Holder, No. 14-1073 (1st Cir. 2014)
Annotate this CasePetitioner, a native and citizen of the Dominican Republic, married a United States citizen and obtained permanent resident status on a conditional basis. After Petitioner and his wife divorced, Petitioner applied for a waiver of the joint petition requirement under section 216(c) of the Immigration and Nationality Act. The Immigration Judge (IJ) reviewed and denied the application, concluding that Petitioner’s marriage was not entered into in good faith, as required for the waiver. The IJ granted Petitioner thirty days for voluntary departure. The Board of Immigration Appeals (BIA) dismissed the appeal and extended the time within which Petitioner could voluntarily depart. Petitioner subsequently filed a motion to reopen based on a pending I-130 visa petition filed by his daughter, who was a United States citizen. The BIA denied the motion, finding that Petitioner was not eligible to adjust his status because he failed to voluntarily depart within the time frame established by the IJ and the BIA. The First Circuit denied Petitioner’s petition for review, holding (1) Petitioner was statutorily ineligible for the relief he sought in the motion to reopen; and (2) the BIA did not abuse its discretion in denying Petitioner’s ineffective assistance of counsel claim.
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