Louis-Joseph v. Garland
21-60366
| 5th Cir. | Dec 3, 2021Background
- Petitioner Gisele Jocelyne Louis-Joseph, a French national, obtained conditional permanent residency through marriage to U.S. citizen Derrick Garner and later sought removal of the conditions.
- The immigration judge (IJ) denied removal of conditions, finding she failed to prove the marriage was entered into in good faith; the Board of Immigration Appeals (BIA) adopted and affirmed that decision.
- Louis-Joseph’s evidentiary record consisted principally of her testimony; she submitted no independent proof of shared residence, commingled assets, or joint life with Garner.
- On appeal to the BIA, Louis-Joseph additionally sought a waiver under 8 U.S.C. § 1186a(c)(4)(A) for extreme hardship to her son—an argument raised for the first time on appeal.
- The BIA denied her motion to remand to consider the extreme-hardship waiver and dismissed her appeal; she petitioned this Court for review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether BIA erred in finding insufficient evidence of a good-faith marriage under § 1186a(c)(4)(B) | Louis-Joseph argued the IJ/BIA applied the wrong legal standard and improperly discredited her showing of good faith | Government argued petitioner failed to meet her burden; post‑marriage conduct and lack of corroborating evidence support denial | Court held BIA did not err; substantial evidence supports conclusion that petitioner failed to prove marriage was entered in good faith |
| Whether BIA abused its discretion by denying a remand to consider an extreme‑hardship waiver under § 1186a(c)(4)(A) raised on appeal | Louis-Joseph asked for remand so IJ could consider extreme-hardship waiver to her son | Government argued claim was raised too late (first on appeal) and evidence was previously considered; BIA need not consider new claims on appeal | Court held BIA did not abuse its discretion in denying remand; BIA properly refused to consider the new claim raised first on appeal |
Key Cases Cited
- Wang v. Holder, 569 F.3d 531 (5th Cir. 2009) (standard of review for BIA decisions)
- Orellana-Monson v. Holder, 685 F.3d 511 (5th Cir. 2012) (deference/substantial-evidence standard for BIA factual findings)
- Milat v. Holder, 755 F.3d 354 (5th Cir. 2014) (abuse-of-discretion standard for denial of remand)
- Alvarado de Rodriguez v. Holder, 585 F.3d 227 (5th Cir. 2009) (legal sufficiency and reviewability of good-faith marriage determinations)
- Eduard v. Ashcroft, 379 F.3d 182 (5th Cir. 2004) (BIA generally does not consider claims raised for the first time on appeal)