(United States First Circuit) - In a petition for review of a Board of Immigration Appeals (BIA) decision upholding an Immigration Judge's (IJ) denial of alien-petitioner's request for an adjustment of status and order of removal,the petition is denied in case presenting a question of first impression in this circuit, where, or when United States Citizenship and Immigration Services (USCIS) has approved an I-130 'instant relative' visa petition based on an alien's marriage to a U.
S. citizen,the immigration court, in a parallel removal proceeding, and has jurisdiction to inquire into the bona fides of the anchoring marriage.
Source: findlaw.com