Decision date: 2019-04-24

Holding that, following remand, the agency properly denied Petitioner's application for an INA § 216a(c)(4)(B) good faith marriage waiver because (1) the Court lacked jurisdiction to consider the agency's adverse credibility determination and weighing of evidence, (2) Petitioner failed to submit sufficient evidence to satisfy the statutory standard for a good faith marriage, and (3) the Immigration Judge did not violate Petitioner's due process rights at the merits hearing.

Publication Status: Unpublished

Case judge: Diaz, Harris, Traxler

Decision: Upatcha v. Barr, 765 F. App'x 42 (4th Cir. 2019) (No. 18-1666)