Zia

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

ZOHAIB ZIA, No. 21-1325 Agency No. Petitioner,

A063-608-680

v. OPINION

MERRICK B. GARLAND, Attorney General,

Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals

Argued and Submitted April 20, 2023 Submission Vacated July 21, 2023 Resubmitted August 26, 2024 San Francisco, California

Filed August 26, 2024

Before: Mary M. Schroeder, Consuelo M. Callahan, and Patrick J. Bumatay, Circuit Judges.

Opinion by Judge Callahan SUMMARY *

Immigration

Dismissing in part and denying in part Zohaib Zia’s petition for review of a decision of the Board of Immigration Appeals, the panel held that: (1) the court lacked jurisdiction to review the adverse credibility finding underlying the denial of Zia’s good faith marriage waiver; and (2) the court had limited jurisdiction to review the good faith marriage finding as a mixed question of fact and law, but there was no error here. Zia was a conditional permanent resident based on marriage. Due to divorce, he was unable to file a joint petition…