Choin

I. FACTUAL AND PROCEDURAL BACKGROUND

The facts are not in dispute. On December 4, 1998, Choin arrived in the United States with her two children on a K visa as the fiancée of U.S. citizen Albert Tapia.1 Choin and Tapia were married on February 20, 1999. On April 14, 1999, Choin filed an application to adjust her status to that of a lawful per- manent resident. On April 9, 2001, five days short of two years from the date Choin filed her application, and while she was still waiting to have an interview with the Immigration and Naturalization Service (“INS”)2 on her application, Choin and Tapia were divorced.

On August 27, 2001, the INS denied Choin’s application for adjustment of status because of her divorce. The Depart- ment of Homeland Security subsequently began removal pro- ceedings against Choin. After a brief hearing, an immigration judge ordered Choin removed. Choin appealed to the BIA, which dismissed her appeal. Choin filed a motion for recon- sideration, which the BIA also denied. Choin now petitions 1 As explained in more detail below, the K visa is a nonimmigrant visa that allows fiancées of United States citizens to enter the United States to get married here.…