Goswell-Renner v. Holder, 762 F.3d 696

Goswell-Renner, a Gambian citizen, entered the United States on a non-immigrant student visa in 1990.
Her mother’s petition for Goswell-Renner to become a resident as an unmarried daughter over 21 was approved in 1998.
Goswell-Renner married the following year, which automatically revoked the petition premised on her unmarried status.
She applied for adjustment of status without revealing her marriage and was granted it in 2004.
In July 2010, removal proceedings began for fraud in obtaining an immigration benefit and lack of valid entry documents; an IJ found removal based on false testimony and denied cancellation of removal and asylum as untimely.
The Board affirmed; Goswell-Renner also challenged withholding of removal based on fear that her U.S. citizen daughters could face female genital mutilation in The Gambia; Board treated as derivative claim and rejected it as speculative.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Cancellation of removal based on false testimony	Goswell-Renner argues misrepresentation was not willful or material.	Goswell-Renner knowingly lied about marital status to obtain status.	Substantial evidence supports deceit; precludes good moral character
Withholding of removal for fear of FGM	Direct persecution due to child FGM risk if she and daughters return.	No direct persecution shown and derivative theory rejected; fear speculative.	Goswell-Renner’s claim not exhausted; no direct-persecution basis; petition denied

In re A-K-, 24 I. & N. Dec. 275 (BIA 2007) (derivative withholding theory rejected)
Gumaneh v. Mukasey, 535 F.3d 785 (8th Cir. 2008) (derivative claim for withholding based on child's fear rejected)
Kone v. Holder, 620 F.3d 760 (7th Cir. 2010) (direct persecution theory identified but not fully resolved)
Hounmenou v. Holder, 691 F.3d 967 (8th Cir. 2012) (addressed direct persecution framework)
Sultani v. Gonzales, 455 F.3d 878 (8th Cir. 2006) (exhaustion requirement for review)
Elias-Zacarias, 502 U.S. 478 (1992) (clear standard for review of factual findings)
Flores v. Holder, 699 F.3d 998 (8th Cir. 2012) (good moral character and fraud considerations in cancellation)
Kungys v. United States, 485 U.S. 759 (1988) (knowledge of false statements and intent to mislead)
Krasnopivtsev v. Ashcroft, 382 F.3d 832 (8th Cir. 2004) (standards for review of administrative findings)
Goswell-Renner v. Board of Immigration Appeals, not applicable (not applicable) (this is the present decision)