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CHO v. GONZALES

No. 04-1437.

404 F.3d 96 (2005)

Agnes CHO, Petitioner, v. Alberto GONZALES, Attorney General of the United States, Respondent.

United States Court of Appeals, First Circuit.

Decided April 19, 2005.

Attorney(s) appearing for the Case

Ilana Greenstein with whom Harvey Kaplan, Jeremiah Friedman, Maureen O'Sullivan and Kaplan, O'Sullivan & Friedman, LLP were on brief, for petitioner.

Jamie M. Dowd, Attorney, Office of Immigration Litigation, Civil Division, with whom Peter D. Keisler, Assistant Attorney General, and David V. Bernal, Assistant Director, Office of Immigration Litigation, were on brief, for respondent.

Iris Gomez, Massachusetts Law Reform Institute, and Gail Pendleton, National Immigration Project of the National Lawyers Guild, on brief for The Family Violence Prevention Fund, Massachusetts Law Reform Institute, Inc., National Immigration Project of the National Lawyers Guild and Greater Boston Legal Services, amici curiae.

Before BOUDIN, Chief Judge, TORRUELLA, and HOWARD, Circuit Judges.

HOWARD, Circuit Judge.

Under the Immigration and Nationality Act, an alien who marries a United States citizen is entitled to petition for permanent residency on a conditional basis. See 8 U.S.C. §§ 1151(b)(2)(A)(i), 1154(a)(1)(A)(i) & (ii), and 1186a(a)(1). Within 90 days of the second anniversary of the conditional admission, the couple (if the citizen is not deceased) may jointly petition for the removal of the condition. See 8 U.S.C...

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