John Asare Boadi v. Eric Holder, Jr, 706 F.3d 854

Boadi, a Ghanaian national, overstayed a visa and married a U.S. citizen, obtaining conditional permanent resident status in 2003 under 8 U.S.C. § 1186a(a)(1).
In 2007, Boadi and Bonds filed a joint I-751 to remove the condition, but DHS interview revealed numerous inconsistencies and possible fraud indicators.
DHS terminated Boadi’s status in 2009 after denying response to its intent to deny; Bonds and Boadi divorced shortly after, terminating conditional status under 8 U.S.C. § 1186a(b)(1)(A)(ii).
Boadi sought a good-faith marriage waiver under 8 U.S.C. § 1186a(c)(4)(B) but DHS denied the waiver. Removal proceedings commenced.
Boadi conceded removability based on termination of conditional status; the immigration judge kept the case in Chicago for removability while planning to transfer for relief proceedings.
Boadi appeared pro se at hearings; an DHS witness testified, and the judge subjected the good-faith waiver issue to decision at the final hearing, denying relief and finding fraudulent intent.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the proceedings violated due process in scheduling and scope	Boadi argues the final hearing curtailed relief considerations and curtailed cross-examination.	Court held no due-process violation; continuance allowed and right to cross-examine remained with option to recall witness.	No reversible due-process violation; no prejudice shown.
Whether the judge properly considered all evidence and built a record on appeal	Boadi claims the judge failed to identify/adduce all government submissions and weigh evidence.	Judge need not enumerate every document; must consider but weight is within discretion.	No error; proper consideration and weighing allowed within discretion.
Whether the credibility determination was proper	Judge erred by misapplying credibility standards or misconstruing evidence.	Judge properly weighed credibility under 8 U.S.C. § 1229a(c)(4)(C) and totality of circumstances.	Credibility determination supported; within the judge’s discretion.
Whether the weight of the evidence supported denial of the good-faith waiver	Boadi contends the weight given to post-marriage conduct mischaracterized the claim of good faith.	Post-marriage conduct is relevant to assessing intention at the time of marriage; weight was permissible.	Judgment not manifestly contrary to evidence; weight supported denial.

Delgado v. Holder, 674 F.3d 759 (7th Cir. 2012) (harmless error standard for immigration proceedings)
Alimi v. Gonzales, 489 F.3d 829 (7th Cir. 2007) (prejudice required for ineffective-review claims in immigration context)
Balogun v. Ashcroft, 374 F.3d 492 (7th Cir. 2004) (review standard for substantial evidence in immigration decisions)
Lagunas-Salgado v. Holder, 584 F.3d 707 (9th Cir. 2009) (discretionary nature of waivers and lack of due-process implication)
Kahn v. Mukasey, 517 F.3d 513 (7th Cir. 2008) (due process and discretion in good-faith waiver context)