Souley v. Holder, No. 14-2536 (7th Cir. 2015)
Annotate this CaseSouley, a citizen of Niger, entered the U.S. in 2005 on a visitor’s visa and overstayed. Apparently unaware of a 2008 removal order, Souley married a U.S. citizen in 2009. After his removal was reopened, Souley’s wife’s I-130 petition was denied for lack of clear and convincing evidence that the marriage was bona fide and entered into in good faith, 8 U.S.C. 1154(g), 1255(e). Souley sought to continue his removal proceedings to give his U.S. citizen wife time to file a second I-130 visa petition on his behalf. The IJ thought her second, unfiled petition had no greater chance of success and denied the request for a continuance, noting that Souley’s wife had failed to appeal that decision or introduce any new evidence to support the existence of a valid marriage. The Board upheld the IJ’s ruling, The Seventh Circuit denied review. Souley had over a year and a half to gather additional documents to support a second I-130 petition, yet he failed to do so. Souley never explained what documents he would present if the IJ had given him more time.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.