Karnail Singh Virk v. Immigration & Naturalization Service

The issue before us is whether the Board of Immigration Appeals (“BIA”) abused its discretion in denying a motion to reopen proceedings to allow an alien to apply for a waiver of deportation. Because we find that the BIA improperly considered the impact of an unrelated section of the immigration statute and failed properly to weigh the positive and negative factors in exercising its discretion, we grant the petition for review and vacate the BIA’s denial of the motion to reopen.

Factual Background

Karnail Virk, a citizen of India, entered the United States in 1983 at the age of 23. Almost immediately, he entered into a fraudulent marriage with an American citizen, Brenda Young. Young applied for a visa for him and he was admitted to the United States as a lawful permanent resident on January 10,1984.

Two years later, Young was arrested in connection with a large-scale marriage fraud prosecution. She was convicted and went to prison. Virk apparently was also charged, entered a plea and spent some time on probation. Virk and Young were divorced in 1985.

Among the individuals believed to be involved in the sham marriage conspiracy was a woman named Rupinder Mann, then a citizen…