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WAGGONER v. GONZALES

No. 05-60625.

488 F.3d 632 (2007)

Tanuja Sahai Gil WAGGONER, Petitioner, v. Alberto R. GONZALES, U.S. Attorney General, Respondent.

United States Court of Appeals, Fifth Circuit.

May 30, 2007.

Attorney(s) appearing for the Case

Brian K. Bates (argued), Quan, Burdette & Perez, Houston, TX, for Petitioner.

Phillip Michael Truman (argued), Ann Carroll Varnon, David V. Bernal, Thomas Ward Hussey, Dir., John Clifford Cunningham, Jamie Marie Dowd, U.S. Dept. of Justice, OIL, Washington, DC, Trey Lund, U.S. Imm. & Customs Enforcement, Attn: Carl Perry, New Orleans, LA, Sharon A. Hudson, U.S. Citizenship & Imm. Services, Houston, TX, for Respondent.

Before SMITH, BENAVIDES and PRADO, Circuit Judges.

BENAVIDES, Circuit Judge:

The petitioner seeks review of the Board of Immigration Appeals's ("BIA") ruling that she was statutorily ineligible for an extreme hardship waiver based on a finding that her marriage was not entered into in good faith. 8 U.S.C. § 1186a(c)(4)(A). Finding the plain language of the statute does not require a good faith marriage to obtain an extreme hardship waiver, we grant the petition.

I. BACKGROUND

Tanuja Sahai Gil...

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