Reynoso v. Holder
2013 U.S. App. LEXIS 6046
| 1st Cir. | 2013Background
- Reynoso, Dominican citizen, obtained conditional permanent residency in 2002 through a marriage to Lemuel Martínez.
- She sought removal of conditions without Martínez’s co-signature, and DHS denied the waiver and terminated conditional status.
- Removal proceedings followed, with the IJ denying removal of conditions and cancellation based on lack of good faith and bad moral character.
- Reynoso remarried during waiver proceedings; a second visa petition was filed on her behalf.
- The BIA affirmed the IJ; Reynoso challenged the decision in this court, which reviews for substantial evidence and legal questions under 8 U.S.C. §1252.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Board’s denial of removal of conditions is supported by substantial evidence | Reynoso argues the evidence shows a bona fide marriage | Board properly weighed evidence and inconsistencies; record does not compel finding of bona fides | Yes; substantial evidence supports denial of removal of conditions |
| Whether Reynoso is eligible for cancellation of removal given lack of good moral character | Argues there was no proper basis to deem her lacking good moral character | Misstatements and false testimony justify §1101(f)(6) bar | No; Board correctly denied cancellation based on false testimony |
| Whether the court has jurisdiction to review discretionary cancellation determinations | Requests de novo review of the Board’s conclusions on good moral character | Review limited by §1252(a)(2)(B)(i) for discretionary determinations, but questions of law are reviewable | Court retains limited jurisdiction; review conducted de novo for legal questions while factual findings reviewed for substantial evidence |
Key Cases Cited
- Cho v. Gonzáles, 404 F.3d 96 (1st Cir. 2005) (review of bona fides and evidence sufficiency under § 1186a)
- Restrepo v. Holder, 676 F.3d 10 (1st Cir. 2012) (de novo and substantial evidence framework for 8 U.S.C. § 1101(f) good moral character)
- Toribio-Chávez v. Holder, 611 F.3d 57 (1st Cir. 2010) (review of legal questions; de novo review of statute applicability)
- Elías-Zacarías, 502 U.S. 478 (Supreme Court 1992) (substantial evidence standard and standard of review in immigration cases)
- Kungys v. United States, 485 U.S. 759 (1988) (false testimony standard under §1101(f) nonsubstantive materiality requirement)
- McKenzie-Francisco v. Holder, 662 F.3d 584 (1st Cir. 2011) (evidence of bona fides; inconsistencies affect substantial evidence standard)