Alom v. Whitaker, No. 17-2627 (2d Cir. 2018)Annotate this Case
Petitioner sought review of the BIA's decision affirming his order of removal and an IJ's denial of waiver of the joint filing requirement to remove the conditions on his permanent resident status on the grounds that his marriage had not been entered in good faith. The Second Circuit held that, although the underlying factual findings were subject to clear error review, whether the evidence satisfied a petitioner's burden to prove entitlement to a good faith marriage waiver was a mixed question of law and fact subject to de novo review. Therefore, the court remanded in part because the BIA applied only clear error review.
Petitioner also sought review of the denial of his motion to reopen and reconsider. The court held that petitioner's argument was abandoned because he failed to assert a meaningful challenge to the BIA's denial of reopening and reconsideration. Therefore, the court denied in part.