Xiaodong Wang v. Eric H. Holder Jr.

MEMORANDUM

Xiaodong Wang (“Wang”) seeks review of the Board of Immigration Appeals’ (“BIA”) decision affirming the Immigration Judge’s (“IJ”) order of removal. For the following reasons, we deny the petition.

Wang’s third husband, Alex Cheung, admitted to marriage fraud in a sworn affidavit and withdrew his 1-130 petition for an immediate relative visa on her behalf. However, Wang contends Cheung did not provide written notice of the petition’s withdrawal as required by 8 C.F.R. § 205.1 (a)(3)(i)(A). She argues that it was improper for the agency to place her in removal proceedings when a marriage fraud charge could not be legally sustained and that her entire removal proceeding should be terminated as a result.

Wang’s argument fails because it is irrelevant to her removal as charged and adjudicated. Although marriage fraud was originally charged as a ground for removal in the initial notice to appear (“NTA”), the agency later amended the NTA to withdraw that ground without prejudice, and, in its place, charged Wang with being removable as an alien present in the United States in violation of the law, 8 U.S.C. § 1227 (a)(1)(B). Wang did not challenge her removability under §…