081587P.pdf   05/20/2009  Khalid Ibrahimi  v.  Michael B. Mukasey
   U.S. Court of Appeals Case No:  08-1587
   Board of Immigration Appeals   
   [PUBLISHED] [Melloy, Author, with Benton, Circuit Judge, and
   Magnuson, District Judge]
   Petition for review - Immigration. In deciding a request for a good-
   faith-marriage waiver, the BIA properly placed the burden on petitioner
   to show that he entered into the marriage in good faith; since eligibility
   for discretionary relief is a question of law or the application of law to
   facts, the court has jurisdiction to review the decision to deny the waiver
   on the basis that petitioner had failed to establish a good-faith marriage;
   the agency's conclusion of law - that petitioner's credited evidence did
   not satisfy the legal standard of what constitutes a good-faith marriage - is
   reviewed de novo; the credited evidence supported the BIA's decision
   that petitioner did not enter into his marriage in good faith, and the BIA
   did not err in concluding he was ineligible for the good-faith-marriage
   waiver; because petitioner did not have a liberty interest in obtaining
   discretionary relief from removal, he had no due-process right, and the
   court is without jurisdiction to consider his due process claims.