Ferguson-Budescu

Ferguson-Budescu v. Gonzales

Good Law
180 F. App'x 757
United States Court of Appeals for the Ninth CircuitMay 22, 2006No. 04-75508California272 words

Opinion

Lead Opinion

MEMORANDUM **

*758 Elena Ferguson-Budescu, a native and citizen of Romania, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision dismissing her appeal from an immigration judge’s (“IJ”) decision terminating her conditional permanent residency. The IJ concluded that Ferguson-Budescu’s petition for a waiver of the requirement that she and her former husband, Michael Brennan, file a joint petition for removal of the condition on her permanent residence was properly denied, on the ground that she did not establish that they had entered into their marriage in good faith. We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence, Damon v. Ashcroft, 360 F.3d 1084, 1088 (9th Cir.2004), and we deny the petition for review.

The record indicates that Ferguson-Budescu failed to produce any documentary evidence regarding the bona fides of her marriage to Brennan, and failed to explain why she did not attempt to obtain documents or other evidence regarding the marriage. Ferguson-Budescu produced only one witness who testified vaguely about the marriage, and her own testimony revealed that she had little knowledge about her first husband or the five…

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