163619P.pdf   08/22/2017  Urvashi Patel  v.  Jefferson B. Sessions, III
   U.S. Court of Appeals Case No:  16-3619
   Petition for Review of an Order of the Board of Immigration Appeals   
   [PUBLISHED] [Kelly, Author, with Murphy and Gruender, Circuit Judges] 
   Petition for Review - Immigration. Where the issue was whether 
   petitioner's marriage to her former husband, a U.S. citizen, was a good 
   faith one, the IJ erred in admitting an affidavit from the former husband 
   alleging it was not because it deprived petitioner of the right to 
   cross-examine him; the opportunity to examine the affidavit and the USCIS 
   report at the hearing was insufficient, and the failure to produce the 
   former husband or issue the subpoena sought by petitioner prejudiced her; 
   the affidavit and the USCIS report were the only evidence directly 
   contradicting petitioner's evidence that the marriage was legitimate, and 
   the IJ and BIA both relied on these documents to support their conclusion 
   that petitioner failed to meet her burden of proving a good faith 
   marriage; further, the BIA abused its discretion in denying petitioner's 
   motion to remand based on her now-husband's pending visa application on 
   her behalf, which would have given petitioner the opportunity to adjust 
   status independent of the conditional status she received by virtue of her 
   first marriage; the BIA's reliance on 8 U.S.C. Section 1182(a)(6)(C)(i)'s 
   mandate of inadmissibility for fraud in a case devoid of even an 
   accusation of fraud fails to provide a rational explanation for the 
   decision to decline the request for remand.