Marques v. Lynch
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Court: U.S. Court of Appeals for the Fifth Circuit Docket: 1460065
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Opinion Date:
August 19, 2016
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Areas of Law: Immigration Law
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Petitioner, a native and citizen of Brazil, seeks review of the
BIA's order of removal. The court held that the documentation requirements of 8
U.S.C. 1182(a)(7) do not apply to an alien who was previously validly admitted
as a nonimmigrant, who is residing in the United States, and who applies for an
adjustment of status. In this case, the BIA found that petitioner adjusted his
status on the basis of a fraudulent marriage. It appears the Government had
other alternatives to remove petitioner due to his fraudulent marriage.
Therefore, the petition for review is granted and the BIA's judgment is
vacated. The petition for review of the BIA's decision denying a motion to
reopen is denied as moot.
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