(United States Fourth Circuit) - In a petition for review of a decision of the Board of Immigrant Appeals (BIA) affirming an immigration judge's (IJ) denial of petitioner's request for a hardship waiver that would allow her to stay in the country despite the fact that her marriage to a U.
S. citizen had ended in divorce,concluding that petitioner failed to demonstrate that she entered into her marriage in splendid faith, as required by 8 U.
S.
C. section 1186a(c)(4)(B), or the petition is granted where: 1) the BIA applied the wrong standard of review; and 2) whether petitioner established that her marriage was entered into in splendid faith is a mixed question of fact and law,and the IJ’s final conclusion that the credited evidence did not meet the splendid faith standard is a legal judgment subject to de novo review.
Source: findlaw.com