Gomez
Gomez v. Holder
Opinion
Opinion
MEMORANDUM
Although the INS erroneously referenced INA § 216(b), 8 U.S.C. § 1186a(b), instead of INA § 216(c), 8 U.S.C. § 1186a(c), in denying Gomez’s application for a waiver from the requirement that his spouse submit a joint petition, the IJ did not err in construing the INS’s denial as a determination under 8 U.S.C. § 1186a(c)(4)(B). Gomez filed his application under 8 U.S.C. § 1186a(c)(4)(B), and the INS analyzed the waiver under that section (concluding that the marriage was not entered into in good faith, as required to be eligible for the waiver). Moreover, 8 U.S.C. § 1186a(b) was inapplicable by its terms, because the Attorney General did not terminate Gomez’s permanent resident status before the second anniversary of Gomez’s obtaining such status.
The IJ did not err in holding that Gomez’s conditional residency status had been terminated. See 8 U.S.C. § 1186a(c)(2). Gomez’s conditional residency status had already terminated for failure to file jointly for removal of the condition within the applicable two-year time period. Moreover, Gomez conceded removability at his hearing and stated the proceedings were to review removal of the condition.