Verena Del Rosario Kalal v. Alberto Gonzales, Attorney General

Verena Del Rosario Kalal petitions for review of the Board of Immigration Appeals’ summary affirmance of the Immigration Judge’s (IJ) determinations which rescinded her conditional legal permanent resident status, denied her withholding of removal, and ordered her removed. That took place after she failed to comply with the terms of her K-l visa. We deny the petition.

BACKGROUND

Kalal is a native and citizen of Colombia. On June 25, 1996, upon the petition of her United States citizen fiancé, Mark Salvador Scardino, a K-l nonimmigrant visa was issued in Kalal’s favor. She entered this country on or about July 4, 1996. A K-l visa is issued for the sole purpose of facilitating a valid marriage between an alien and a United States citizen, and that marriage must take place within ninety days of entry. 8 U.S.C. §§ 1101 (a)(15)(K)(i), 1184(d). Kalal did not marry Scardino within ninety days, or at all. Instead, she went her own way and later met Kenneth Leroy Kalal. She married him on December 2,1996.

Thereafter, the Immigration and Naturalization Service granted her conditional legal permanent resident status upon the petition of Kenneth Leroy Kalal, but did so in error because she…