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024143P.pdf   07/13/2004  Dimpal V. Patel  v.  John Ashcroft
   U.S. Court of Appeals Case No:  02-4143
                          and No:  04-1256
   Agency   
   Petition for Review - immigration. Board of Immigration appeals 
   abused its discretion in denying a motion to remand for consideration of 
   adjustment of status where visa petition submitted by newly married 
   husband was approved pending appeal to the BIA. Under the statute and 
   regulations, an approved visa petition was sufficient primary evidence of 
   eligibility for the bona-fide marriage exemption under section 1255(e)(3). 
   Petition for review is granted and case is remanded for consideration of 
   her petition for adjustment of status. [PUBLISHED] [Bye, Author, with 
   Heaney and Smith, Circuit Judges]