How USCIS, the AAO and the BIA All Bought It Improper: Ambreen v. Garland

Simon Sandoval-Moshenberg reviews: " Right here’s a pleasant determination I simply bought from the Japanese District of Virginia, reversing USCIS’s denial of an I-130 to my shopper who had beforehand been criminally convicted of immigration fraud in that very same courthouse." Courtroom: “USCIS, the BIA, and the federal government in its briefing all make a lot of the truth that Imran is a felony and a fraud. However the Commonwealth of Virginia doesn’t withhold from criminals or fraudsters the fitting to marry. The BIA might not refuse Plaintiffs’ I-130 utility based mostly on some generalized mistrust. By the BIA’s logic, it’s removed from clear if there’s any proof that Plaintiffs might produce to persuade the federal government that they’ve entered a legitimate marriage. … For the foregoing causes, it’s hereby ORDERED that Defendants’ Movement for Abstract Judgment (ECF 5) is DENIED; and it’s additional ORDERED that Plaintiffs’ Cross Movement for Abstract Judgment (ECF 12) is GRANTED; and it’s additional ORDERED that the BIA’s determination of August 24, 2022 relating to Plaintiffs’ I-130 petition is VACATED; and it’s additional ORDERED that this matter is REMANDED to the BIA. On remand, the BIA ought to reverse or vacate USCIS’s determination relating to Plaintiffs’ I-130 petition, or else present causes for affirming USCIS’ determination." Hats off, Simon !