McKenzie-Francisco v. Holder
662 F.3d 584
| 1st Cir. | 2011Background
- McKenzie-Francisco, Dominican citizen, entered U.S. without inspection in 1999.
- Married U.S. citizen Jennifer Cordero Estrella in 2001 and obtained conditional resident status.
- Marriage ended in divorce in 2004 while he remained conditional resident.
- Petitioner sought removal of condition via hardship waiver after divorce, claiming good-faith marriage.
- Waiver denied; status terminated; removal proceedings initiated.
- IJ denied waiver after finding marriage not entered into in good faith; BIA affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the marriage entered into in good faith? | McKenzie-Francisco contends good faith. | Government relied on record showing no good faith. | Yes for petitioner? Denied; court upheld lack of good faith. |
| Did the IJ's remark about intending to flout immigration laws violate due process? | Argues due process notice issue. | Remark was dictum and not binding. | No due process violation; remark dictum not binding. |
| Are the adverse credibility findings supported by substantial evidence? | Arguments passim about credibility. | Record credibility supported by inconsistencies and conduct. | Yes; credibility finding sustained; waiver denial affirmed. |
Key Cases Cited
- Morgan v. Holder, 634 F.3d 53 (1st Cir.2011) (review of factual findings under substantial evidence standard)
- Seng v. Holder, 584 F.3d 13 (1st Cir.2009) (familiar substantial evidence framework for immigration findings)
- INS v. Elias-Zacarias, 502 U.S. 478 (1992) (standard for credibility determinations in immigration cases)
- Boluk v. Holder, 642 F.3d 297 (2d Cir.2011) (burden to prove marriage was entered into in good faith)
- Cho v. Gonzales, 404 F.3d 96 (1st Cir.2005) (good-faith requirement for marriage-based relief)
- Syed v. Ashcroft, 389 F.3d 248 (1st Cir.2004) (substantial evidence standard applied to credibility)