Duangnin

MEMORANDUM *

Samriang Duangnin, a citizen and native of Thailand, appeals the order of the Board of Immigration Appeals (“BIA”) affirming the Immigration Judge (“IJ”) denying her application to remove the conditions on her permanent residence under 8 U.S.C. § 1186a(c)(l). The IJ denied this application because he found that the Immigration and Naturalization Service (“INS”) established by a preponderance of the evidence that Duangnin’s marriage was not entered into in good faith. We find the BIA’s determination was not supported by substantial evidence, and therefore grant the petition for review.

To refuse to lift the conditions on Duangnin’s residency status, the INS must establish by a preponderance of the evidence that the facts in Duangnin’s petition, including that the marriage was entered into in good faith, were not true. See 8 U.S.C. § 1186 (c)(3)(D); 8 C.F.R. § 216.4 (d)(2). The governing question in this case is whether Duangnin and her husband, Theodis Thomas, intended “to establish a life together at the time they were married.” Bark v. INS, 511 F.2d 1200, 1201 (9th Cir.1975). Evidence proving that intent may include the joint own *683 ership of property, the joint…