Ahmad Jebeili v. Eric Holder, Jr.
421 F. App'x 547
6th Cir.2011Background
- Jebeili, a 55-year-old Syrian, entered the U.S. in 1993 on a visitor visa and overstayed.
- He married Ayat Baydoun, a U.S. citizen who was 17 at the time, and became a conditional permanent resident in 1998.
- Nearly two years later they filed a joint petition to remove the conditional basis, but divorced before DHS ruled.
- Baydoun withdrew the joint petition and later alleged Jebeili married her to obtain a green card in 2003.
- Jebeili filed an individual petition to remove conditions and sought a waiver under § 1186a(c)(4); DHS denied the waiver and terminated his conditional status.
- The IJ found the marriage was in good faith but denied the waiver as a discretionary matter due to embellishments and a forged license; the BIA adopted.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court has jurisdiction to review the waiver denial | Jebeili argues for review of the waiver denial under §1252(a)(2)(D). | Defendant argues the waiver decision is discretionary and not reviewable, under §1186a(c)(4). | Court lacks jurisdiction to review waiver denial; limited review for constitutional or legal questions. |
| Whether due-process claims against the IJ are reviewable | Jebeili asserts IJ bias and failure to weigh equitable factors violated due process. | Waiver determination is discretionary evidence-evaluation; due process not shown. | Due-process claim fails; no cognizable liberty interest shown; no reviewable error. |
| Whether the IJ erred in credibility conclusions (forfeiture of review) | Challenges to forged license and embellishment findings as erroneous credibility determinations. | These are discretionary credibility assessments under §1186a(c)(4). | Lacks jurisdiction to review credibility findings; review limited to constitutional/legal questions. |
| Whether the Board properly rejected voluntary departure arguments | IJ should have advised eligibility for voluntary departure and allowed application. | Board properly rejected; voluntary departure not warranted given representation and lack of departure guarantee. | Substantial evidence supports Board; argument meritless. |
Key Cases Cited
- Karimijanaki v. Holder, 579 F.3d 710 (6th Cir. 2009) (review of IJ and Board opinions where both are adopted)
- Khalili v. Holder, 557 F.3d 429 (6th Cir. 2009) (standard for reviewing factual findings; de novo law, substantial evidence fact)
- Abdulahad v. Holder, 581 F.3d 290 (6th Cir. 2009) (examines discretionary waiver review limitations)
- Valenzuela-Alcantar v. INS, 309 F.3d 946 (6th Cir. 2002) (discretion of immigration decisions; limited review)
- Aburto-Rocha v. Mukasey, 535 F.3d 500 (6th Cir. 2008) (limits on review of discretionary waiver decisions)
- Patel v. Gonzales, 470 F.3d 216 (6th Cir. 2006) (due-process considerations in deportation contexts)
- Huicochea-Gomez v. INS, 237 F.3d 696 (6th Cir. 2001) (no liberty interest created by denial of discretionary relief)
- Ibrahimi v. Holder, 566 F.3d 758 (8th Cir. 2009) (immigration discretionary relief and due process analogies)
- Ali v. Ashcroft, 366 F.3d 407 (6th Cir. 2004) (due process and liberty interests in immigration proceedings)