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Malave v. Holder

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ARGUED SEPTEMBER 22, 2009

Before EASTERBROOK, Chief Judge, and BAUER and ROVNER, Circuit Judges.

Manuela Malave, a citizen of Nicaragua, was ordered removed from the United States after an immigration judge concluded that she had paid $1,000 to her ex-husband to enter into a sham marriage for the purpose of securing an immigration benefit. Malave applied for cancellation of removal under §202 of the Nicaraguan Adjustment and Central American Relief Act, 111 Stat. 2193, as amended by 111 Stat. 2644 (1997). Section 202 of NACARA is reproduced as a note following 8 U.S.C. §1255. But the IJ’s finding of a sham marriage made her inadmissible under §212(a)(6)(C)(i) of the Immigration and Nationality Act, 8 U.S.C. §1182(a)(6)(C)(i), so §202(a)(1)(B) of NACARA precluded relief. The Board of Immigration Appeals dismissed her appeal in a brief order.

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