Manguriu v. Holder, No. 14-1279 (1st Cir. 2015)
Annotate this CasePetitioner, a Kenyan national, married a U.S. citizen, who filed an I-130 visa petition seeking to classify Petitioner as a spouse of a U.S. citizen. Thereafter, Petitioner applied for adjustment of his immigration status. The U.S. Citizenship and Immigration Services (USCIS) denied the I-130 petition on the ground of marriage fraud. Removal proceedings were subsequently brought against Petitioner. Petitioner sought relief from removal under the Violence Against Women Act (VAWA). The USCIS approved Petitioner’s VAWA petition. Petitioner then asked the immigration judge (IJ) to adjust his immigration status. The IJ denied the requested relief and ordered Petitioner removed, finding that, although Petitioner was statutorily eligible for adjustment of status based on his approved VAWA petition, he had engaged in marriage fraud. The Board of Immigration Appeals (BIA) affirmed. While Petitioner’s petition for judicial review was pending, the USCIS revoked Petitioner’s VAWA petition. At issue before the First Circuit was whether it could consider the USCIS’s revocation of the VAWA petition, an action that took place outside the confines of the administrative record. The Court concluded that it could. Remanded to the BIA to determine whether the revocation of the VAWA was lawfully accomplished, and if, so, whether the BIA decision is now moot.
The court issued a subsequent related opinion or order on August 10, 2015.
The court issued a subsequent related opinion or order on August 12, 2015.
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