Malik v. Atty Gen. of the U.S., No. 08-3874 (3d Cir. 2011)Annotate this Case
Petitioner, a citizen of Pakistan, entered the U.S. in 1999 as a legal permanent resident based on his 1996 marriage to a U.S. citizen. They divorced in 2000. In 2005, the Department of Homeland Security initiated removal proceedings, charging petitioner as removable under 8 U.S.C. 1227(a)(1)(A), for being inadmissible upon entry, and under 8 U.S.C. 1182(a)(6)(C)(i), as an alien who attempted to procure a visa through fraud. The IJ concluded the marriage was fraudulent. The BIA affirmed, reasoning that the limitations period in 8 U.S.C. 1256(a) did not apply to petitioner because he obtained LPR status through consular processing, not by adjustment of status. The Third Circuit denied review. There was substantial evidence that the marriage was fraudulent.
The court issued a subsequent related opinion or order on October 7, 2011.