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.