From our private database of 33,800+ case briefs...
Alvarado de Rodriguez v. Holder
United States Court of Appeals for the Fifth Circuit
585 F.3d 227 (2009)
Esperanza Alvarado de Rodriguez (plaintiff) came to the United States in 1992 and shortly thereafter met Melecio Villafranco, a man thirty years her senior who lived in her apartment complex. The two became friends. Villafranco often drove Alvarado de Rodriguez to complete errands, and they shared dinner together. In 1995, Villafranco and Alvarado de Rodriguez were married, as a result of which Alvarado de Rodriguez became a permanent United States resident. During their marriage, Alvarado de Rodriguez and Villafranco had meals together and went to church together. The couple held themselves out to be husband and wife and showed outward public affection for each other, including handholding and kissing. The couple moved in with each other in 1997, but Alvarado de Rodriguez did not sleep in the same room as Villafranco. The two separated and divorced in 1998. After the separation, Villafranco completed an affidavit requesting withdrawal of his alien-relative petition and refused to file a joint petition to remove Alvarado de Rodriguez’s resident condition. An immigration judge (IJ) issued a decision granting Alvarado de Rodriguez a good-faith waiver to the joint-petition requirement. The IJ determined that the testimony presented by Alvarado de Rodriguez and her corroborating witnesses was candid, specific, plausible, and consistent with supporting documentation. The government filed an appeal, and the Board of Immigration Appeals (BIA) overturned the IJ’s decision that Alvarado de Rodriguez had established that she entered into the marriage in good faith. Alvarado de Rodriguez appealed the BIA’s decision.
Rule of Law
Holding and Reasoning (Haynes, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 607,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 607,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 33,800 briefs, keyed to 984 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.