BIA Reverses Immigration Judge


Our client, a citizen of Jordan, entered the U.S. on an F-1 visa. He fell out of status and was detained by Immigration and Customs Enforcement (“ICE”). Attorney Furqan filed a request for bond and so the client was able to bond out of ICE’s custody. He then married a U.S. citizen and she filed an I-130 petition for him. The immigration judge was unwilling to delay the court case until the outcome of the I-130, and he held a hearing to determine if the marriage was legitimate. Attorney Furqan represented his clients at the hearing, but the immigration judge was unconvinced about the legitimacy of the marriage, so he ordered the client removed. Attorney Furqan appealed the decision to the Board of Immigration Appeals (“BIA”), and the BIA reversed the immigration judge’s decision. The BIA stated that there was sufficient evidence to support the fact that the marriage was legitimate, and therefore the immigration judge should continue the court proceedings until the I-130 is decided upon by USCIS.

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