Christianh Sutton v. Loretta E. Lynch

MEMORANDUM

Christianh Olubunmi Sutton, a native and citizen of the United Kingdom, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s (“IJ”) order denying her application under 8 U.S.C. § 1186a(c)(4)(B) for waiver of the joint filing requirement to remove the conditional basis of her lawful permanent resident status. We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence the agency’s denial of a waiver under 8 U.S.C. § 1186a(c)(4)(B), Damon v. Ashcroft, 360 F.3d 1084, 1088 (9th Cir. 2004), as well as the agency’s adverse credibility determinations, Oropeza-Wong v. Gonzales, 406 F.3d 1135,1147-48 (9th Cir. 2005). We deny in part and grant in part the petition for review.

Substantial evidence supports the agency’s denial of Sutton’s application for a waiver under 8 U.S.C. § 1186a(c)(4)(B), where the record does not compel reversal of the agency’s determination that petitioner failed to establish, through credible testimony or documentary evidence, that her marriage was entered into in good faith. See id. at 1148 (adverse credibility determination “based on specific, cogent reasons”…