Vidinski v. Lynch, No. 13-2478 (7th Cir. 2016)
Annotate this CaseVidinski, a native of Bulgaria, entered the U.S. as a visitor in 1998 but overstayed his visa. He married a U.S. citizen, Literski, in 2002. In 2005 he and Literski filed petitions seeking legal permanent resident status for him. Before those petitions were resolved, Literski told an ICE investigator that the marriage had been a sham to obtain immigration benefits for Vidinski (and money for her). Following a final order to remove Vidinski, the BIA dismissed his appeal and denied his motion to reopen proceedings based on ineffective assistance of counsel. The Seventh Circuit lifted a stay on Vidinski’s removal and rejected a petition for judicial review, in which he argued that he was entitled to cross‐examine Literski, who had not appeared in response to a subpoena and whose affidavit was critical to the marriage fraud issue, 8 U.S.C. 1227(a) and 1182(a). Vidinski is removable for having overstayed his 1998 visa and the court lacks jurisdiction to consider the denial of cancellation of removal based on “exceptional and extremely unusual hardship” to family members. The removal proceedings were fundamentally fair.
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