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Contreras-Salinas v. Holder

United States Court of Appeals for the Second Circuit
585 F.3d 710 (2d Cir. 2009)


Facts

Ysabel Contreras-Salinas (plaintiff) was a citizen of Peru. Contreras came to the United States in October 1994 as a nonimmigrant visitor. Approximately two months later, Contreras married Ramon Arroyo, a U.S. citizen. Contreras’s residency status was changed to conditional permanent resident. In April 1997, Contreras and Arroyo separated before Contreras could finalize her status as a permanent U.S. resident. Contreras filed a petition for a good-faith marriage waiver of the permanent-residency requirements under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), 8 U.S.C. ch. 12. The United States Department of Homeland Security denied Contreras’s waiver request, finding that Contreras had failed to prove that her marriage to Arroyo was entered into in good faith. After a hearing, an immigration judge under delegated authority from the attorney general affirmed the denial, finding that much of Contreras’s evidence, including her affidavits and testimony, was not credible. Contreras appealed. The Board of Immigration Appeals dismissed Contreras’s appeal. Contreras appealed again, arguing that the immigration judge had failed to weigh certain material evidence.

Rule of Law

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Issue

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Holding and Reasoning (Per curiam)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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