Rani Sehweil v. Attorney General United States

NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ___________ No. 19-1725 ___________ RANI SEHWEIL, Petitioner v. ATTORNEY GENERAL OF THE UNITED STATES OF AMERICA _______________________ On Petition for Review of an Order of the Board of Immigration Appeals BIA No. A200-399-585 (U.S. Immigration Judge: Honorable David Cheng) ______________ Submitted Pursuant to Third Circuit LAR 34.1(a) October 3, 2019 Before: SHWARTZ, SCIRICA, and FUENTES, Circuit Judges. (Filed: November 8, 2019) ________________ OPINION* ________________ * This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. SCIRICA, Circuit Judge Petitioner-Appellant Rani Sehweil seeks review of a decision by the Board of Immigration Appeals denying his application for a waiver of his conditional permanent resident status under section 216(c)(4) of the Immigration and Nationality Act, 8 U.S.C. § 1186a(c)(4). He argues that the Board erred by finding that his first marriage to his ex-wife, a U.S. citizen, was not in good faith. In addition, during the pendency of an appeal to the Board concerning the denial of his good-faith waiver, Sehweil married a second woman and sought to remand his case to immigration court for further proceedings on whether he entered this second marriage in good faith. The Board denied the motion, and Sehweil seeks review of this decision as well. Although we lack jurisdiction to review the Board’s denial of his application for a good-faith waiver, we possess jurisdiction to review the Board’s decision on his remand motion. Because our review of the record indicates that Sehweil did not carry his burden of establishing with clear and convincing evidence that his second marriage was in good faith, we conclude that the Board did not abuse its discretion in denying his motion to remand. I. Sehweil, a native and citizen of Israel, first entered the United States with a B-2 visitor visa in 2005.He married a U.S. citizen on June 17, 2009, and later adjusted to conditional permanent resident status. On June 18, 2013, Sehweil and his former wife divorced, and Sehweil then filed an application with the Department of Homeland 2 Security (DHS) seeking to remove the conditions on his permanent resident status by applying for a good-faith marriage waiver under 8 U.S.C. § 1186a(c)(4)(B). On review of Sehweil’s application, DHS concluded that Sehweil had not carried his burden of proof in establishing that he had married for reasons other than to procure entry to the United States as an immigrant, and accordingly terminated his conditional status. On June 13, 2017, DHS initiated removal proceedings against Sehweil by filing a Notice to Appear with the Newark Immigration Court. Sehweil, through counsel, conceded most of the allegations contained in the Notice to Appear—including that he was removable—but maintained that his first marriage was bona fide. After hearing Sehweil’s testimony and reviewing the record, the immigration judge concluded that Sehweil did not enter into his first marriage in good faith, denied Sehweil’s application for a waiver, and then ordered that Sehweil be ...

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