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Lin v. Holder

United States Court of Appeals, First Circuit

July 14, 2014

JING LIN, Petitioner,
v.
ERIC H. HOLDER, JR., United States Attorney General, Respondent

PETITION FOR REVIEW OF AN ORDER OF THE BOARD OF IMMIGRATION APPEALS.

Randy Olen on brief for petitioner.

Charles S. Greene, III, Trial Attorney, Office of Immigration Litigation, U.S. Department of Justice, Stuart F. Delery, Assistant Attorney General, Civil Division, and Douglas E. Ginsburg, Assistant Director, on brief for respondent.

Before Lynch, Chief Judge, Torruella and Thompson, Circuit Judges.

OPINION

LYNCH, Chief Judge.

Jing Lin, a citizen of China, received conditional permanent resident status in the United States in February 2002, through her marriage to an American citizen. Because that marriage ended in divorce, Lin was unable to file a successful joint petition with her spouse to remove the conditions. Instead, she applied for waiver of the joint petition requirement, arguing that she had entered into the marriage in good faith. The Immigration Judge (" IJ" ) found that Lin failed to meet her burden to demonstrate that the marriage was entered into in good faith, denied Lin's application, and granted her removal from the United States through voluntary departure. The Board of Immigration

Page 111

Appeals (" BIA" ) adopted and affirmed the IJ's decision. Because the order is supported by substantial evidence, we deny Lin's petition for review.

I.

In May of 2000, petitioner Jing Lin, a Chinese citizen then still in China, married Thai Baotai Huynh, an American citizen. They had been introduced remotely by Lin's great aunt around February of that year, when Lin's great aunt looked for an American for Lin because " she wanted to come to the U.S." Lin's great aunt told Lin that Huynh was a " good person" with " a good job and a good income." After exchanging cards and phone calls for three months, Huynh and Lin married while Huynh visited China for five weeks.

The couple then lived apart for almost two years, Lin in China and Huynh in the United States. On February 22, 2002, Lin finally entered the United States and was granted conditional permanent resident status on the basis of her marriage to Huynh.

The couple lived in California for about four months, during which Huynh was " usually not home." Lin did not know where Huynh went during this period. Her great aunt testified that Huynh was a driver whose job required him to leave for long periods of time. Lin did not know or learn background information about Huynh's family and life in California.

At the end of those roughly four months, Lin moved to her great aunt's home in New York, then to Rhode Island where her cousin referred her to a job. Lin and Huynh continued to call each other, and each spouse visited the other about three times. The couple also filed joint tax returns in 2002 and 2003. Those returns indicate that Lin worked in Rhode Island and that Huynh was a full-year resident of Indiana.

In 2003, Lin began an extramarital affair. When Huynh visited Lin in February 2004, he discovered that Lin was pregnant by another man. Huynh left, and Lin sought a divorce in Rhode Island state court. After failing to appear in the Rhode Island proceedings, Huynh had a default ...


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