Kalal

BACKGROUND

Kalal is a native and citizen of Colombia. On June 25, 1996, upon the petition of her United States citizen fiancé, Mark Salvador Scardino, a K-1 nonimmigrant visa was issued in Kalal’s favor. She entered this country on or about July 4, 1996. A K-1 visa is issued for the sole purpose of facilitating a valid marriage between an alien and a United States citizen, and that marriage must take place within ninety days of entry. 8 U.S.C. §§ 1101(a)(15)(K)(i), 1184(d). Kalal did not marry Scardino within ninety days, or at all. Instead, she went her own way and later met Kenneth Leroy Kalal. She married him on December 2, 1996.

Thereafter, the Immigration and Naturalization Service granted her conditional legal permanent resident status upon the petition of Kenneth Leroy Kalal, but did so in error because she was not entitled to that status at that time. When the INS discovered its error, it gave notice that it purposed to rescind her conditional legal permanent resident status, and did so on June 28, 2001, by action of the District Director. Removal proceedings were then commenced.

In due course, the IJ declared that the conditional legal per- manent resident status…