Moody v. Holder
An immigrant's conditional permanent resident status may end, if a married couple fails to file a joint petition to remove conditions, prior to the second anniversary of the immigrant's receipt of conditional permanent resident status. In or about 1987, the petitioner, Winsome Elaine Moody, a citizen of Jamaica, married a U.S. citizen and became a conditional permanent resident. The Moodys did not file a joint petition to remove the conditions on the petitioner's lawful permanent resident status. In 1989, the Immigration and Naturalization Service ended the petitioner's conditional permanent resident status. The petitioner requested a waiver of the requirement to file a joint petition. The petitioner submitted a divorce decree and statements and letters from a relative, friends and doctor, indicating that the petitioner's husband allegedly was abusive. Hartford Immigration Judge Michael Straus found that there were internal inconsistencies in the petitioner's evidence, and he rejected the petitioner's request for a waiver. The Board of Immigration Appeals affirmed. The petitioner appealed to the 2nd Circuit. An immigrant who marries a U.S. citizen may request lawful permanent resident status, which can be granted on a conditional basis. Conditional permanent resident status can end, if a married couple fails to file a joint petition, prior to the second anniversary of receipt of conditional permanent resident status, pursuant to 8 United States Code §1186a(c)(1)(A). The petitioner's appeal argued about the facts found and the immigration judge's exercise of discretion, as opposed to raising constitutional claims or questions of law. Although the petitioner attempted to frame the appeal to the 2nd Circuit as a question of law, the decisions of the immigration judge and Board of Immigration Appeals failed to support her claims that they " `overlooked' and/or `seriously mischaracterized' " pertinent evidence. "Because petitioner challenges only the agency's factual determinations and the weight given to certain evidence," wrote the 2nd Circuit, the court lacked jurisdiction. Glenn Terk represented the petitioner. Ernesto Molina, Keith McManus, Jessica Sherman and Stuart Delery represented the government.