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Immigration Status, Divorce and Removal: What Is the Standard of Review?

By Janice G. Inman
April 02, 2017

For those who entered the United States in order to be married, the increasing U.S. emphasis on deportation of illegal immigrants has changed very little; the rules that apply to such cases are as they have been for many years. Still, there are nuances that sometimes confuse even the experts, and attorneys of divorcing immigrants should be aware of them in order to better advise their clients on what to expect if, because of the break-up of a marriage, they have to deal with immigration issues. A recent decision from the U.S. Court of Appeals for the Fourth Circuit explains one such obscure point of law — one that is giving a woman slated for removal from the United States a second chance to appeal an Immigration Judge's adverse decision. See Upatcha v. Sessions, 2017 U.S. App. LEXIS 3135 (4th Cir., 2/22/17).

A Short-Lived Marriage

Juraluk Upatcha, a Thai citizen, was living in Thailand when her sister introduced her to Sergio Gonzalez, a naturalized U.S. citizen living in South Carolina. When Gonzalez returned home, the two courted by means of phone calls and emails, though Gonzalez did visit Upatcha in Thailand for a period of one week. During that week he proposed marriage to her, and she accepted. Upatcha entered the United States on a fiancé visa on July 13, 2008, and she and Gonzalez were married five days later. The marriage rendered her a lawful permanent resident on a conditional basis. See 8 U.S.C. § 1186a(a)(1) (2013).

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