Mutie-Timothy v. Lynch, No. 14-3671 (8th Cir. 2016)
Annotate this CasePetitioner, a native and citizen of Kenya, seeks review of the BIA's order upholding the IJ's denial of her applications for adjustment of status and waiver of removal. The court agreed with the government that it lacked jurisdiction to review the IJ's discretionary decision to deny an adjustment of status and a fraud waiver. The court concluded that, notwithstanding the approved Violence Against Women Act (VAWA), 8 U.S.C. 1154(a)(1)(A)(iii), 1229b(b)(2)(A), petition, the IJ was authorized to determine, based on the evidence and testimony, that petitioner’s application for an adjustment of status and a fraud waiver should be denied in the exercise of discretion. Further, the court denied the petition for review with respect to petitioner's due process claims because she has not shown both a fundamental procedural error and prejudice as a result of the error.
Court Description: Wollman, Author, with Beam and Gruender, Circuit Judges] Petition for Review - Immigration. Insofar as the petition challenges the BIA's discretionary denial of adjustment of status and fraud waiver of removal, the petition is dismissed; claim that petitioner's due-process rights were violated because she did not receive a fair hearing before the IJ in remanded proceedings rejected.
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