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August 26, 2016

Marques v. Lynch

Court: U.S. Court of Appeals for the Fifth Circuit Docket: 1460065  
Opinion Date: August 19, 2016
Areas of Law: Immigration Law

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.