Louis-Joseph v. Garland

Case: 21-60366 Document: 00516117245 Page: 1 Date Filed: 12/03/2021 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED December 3, 2021 No. 21-60366 Lyle W. Cayce Summary Calendar Clerk Gisele Jocelyne Louis-Joseph, Petitioner, versus Merrick Garland, U.S. Attorney General, Respondent. Petition for Review of an Order of the Board of Immigration Appeals BIA No. A079 012 201 Before Smith, Stewart, and Graves, Circuit Judges. Per Curiam:* Gisele Jocelyne Louis-Joseph, a native and citizen of France, petitions for review of an order by the Board of Immigration Appeals (BIA) denying her motion to remand and dismissing her appeal of the immigration judge’s (IJ) denial of her petition to remove conditions on her permanent resident * Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4. Case: 21-60366 Document: 00516117245 Page: 2 Date Filed: 12/03/2021 No. 21-60366 status. Louis-Joseph contends that the BIA committed legal error by adopting and affirming the IJ’s determination that she was not eligible for a waiver of the joint filing requirement pursuant to 8 U.S.C. § 1186a(c)(4)(B) because she had not met her burden of proof to show that she entered into a good-faith marriage with Derrick Garner, a U.S. citizen. She further argues that the BIA erred in refusing to remand the case for the IJ to consider whether she was eligible for a waiver of the joint filing requirement pursuant to § 1186a(c)(4)(A) based on extreme hardship to her son. We review the BIA’s decision and the IJ’s ruling, to the extent it affects the BIA’s decision. Wang v. Holder, 569 F.3d 531, 536 (5th Cir. 2009). The BIA’s legal conclusions are reviewed de novo. See Orellana-Monson v. Holder, 685 F.3d 511, 517 (5th Cir. 2012). The BIA’s factual findings are reviewed for substantial evidence. Id. at 517-18. The denial of a motion to remand is reviewed “under a highly deferential abuse-of-discretion standard.” Milat v. Holder, 755 F.3d 354, 365 (5th Cir. 2014) (internal quotation marks and citations omitted). An alien may obtain permanent resident status on a conditional basis by marrying a U.S. citizen. § 1186a(a)(1). The conditional basis of that status may be removed, thereby making the alien a lawful permanent resident, if the alien and the citizen spouse jointly file a petition during the 90-day period preceding the two-year anniversary of the grant of conditional status. § 1186a(c)(1)(A), (d)(2)(A). If the alien and citizen spouse separate within the first two years of marriage, preventing the couple from filing a timely joint petition and appearing for an interview, the alien may seek a waiver of these procedural requirements by demonstrating that extreme hardship would result from the alien’s removal or that “the qualifying marriage was entered into in good faith by the alien spouse, but the qualifying marriage has been terminated (other than through the death of the spouse) and the alien …

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