Mark Osei v. Eric Holder, Jr., 462 F. App'x 559

Osei, a Ghanaian national, entered the U.S. in 2001 and obtained conditional permanent resident status in 2003 through a marriage to US citizen Joyce Williams.
Osei and Williams divorced in 2005.
Osei filed two petitions to remove the conditions on his permanent resident status, seeking a waiver of the joint filing requirement under 8 U.S.C. § 1186a(c)(4)(B).
The government denied the petitions, concluding he failed to show the marriage was entered into in good faith.
Removal proceedings were initiated based on termination of conditional permanent resident status; Osei conceded removability but sought the waiver again.
The IJ found Osei not credible and lacking evidence of a bona fide marriage; the Board dismissed his appeal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether credibility determinations are reviewable	Osei argues IJ/Board erred in credibility determinations.	Board/AG discretion governs credibility and evidentiary weight.	No, discretionary credibility determinations are not reviewable.
Whether the waiver decision is reviewable on law or constitutional grounds	Osei contends errors in weight of evidence and legal standards applied.	Waiver under § 1186a(c)(4) is discretionary and review limited to law/con Constitution.	Partial: court lacks jurisdiction to review discretionary credibility/weight, but can review legal questions.

Giraldo v. Holder, 654 F.3d 609 (6th Cir. 2011) (jurisdictional limits on review of discretionary decisions; constitutionality/legal questions atypical)
Kucana v. Holder, 130 S. Ct. 828 (2010) (limits on older discretionary-order review; exhaustion principles)
Abdulahad v. Holder, 581 F.3d 290 (6th Cir. 2009) (non-discretionary decisions underlying discretionary determinations review)