Tillery v. Lynch, No. 14-1193 (1st Cir. 2016)Annotate this Case
Petitioner, a native of St. Vincent and the Grenadines, overstayed her visa and was subjected to removal proceedings. Petitioner applied for special rule cancellation of removal for battered spouses, a relief provision enacted pursuant to the Violence Against Women Act (VAWA). An immigration judge (IJ) denied the application on the ground that Petitioner’s testimony was unreliable and non-credible with respect to her abuse. The Board of Immigration Appeals (BIA) affirmed on the basis that a good faith marriage must be shown before an applicant may be eligible for VAWA special rule cancellation of removal. The First Circuit vacated the denial of Petitioner’s application for VAWA special-rule cancellation of removal, holding that the BIA’s failure to adequately explain its decision that the operative statute requires an alien to prove a good faith marriage as an eligibility requirement for VAWA special rule cancellation of removal precluded meaningful judicial review in this case. Remanded.