DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
083519P.pdf 11/05/2009 Yitabarek Yohannes v. Eric H. Holder, Jr.
U.S. Court of Appeals Case No: 08-3519
Board of Immigration Appeals
[PUBLISHED] [Wollman, Author, with Hansen and Shepherd, Circuit Judges]
Petition for Review - Immigration. While the ultimate decision as to
whether to grant a marriage waiver under 8 U.S.C. Sec. 1186a(c)(4) is
discretionary, the court has jurisdiction to consider the legal standard for
a good faith marriage and to determine whether the credited evidence
meets the standard; here, petitioner failed to proved that he entered into a
bona fide marriage, and the BIA did not err in concluding that petitioner
was ineligible for a waiver because he failed to satisfy the legal standards
for a good faith marriage.