VASQUEZ v. HOLDER

No. 05-73714.

602 F.3d 1003 (2010)

Renerose VASQUEZ, Petitioner, v. Eric H. HOLDER Jr., Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed April 19, 2010.


Attorney(s) appearing for the Case

Jeremiah Johnson, San Francisco, CA, for the petitioner.

Peter D. Keisler, Richard M. Evans, and Allen W. Hausman, U.S. Department of Justice, Washington, DC, for the Attorney General.

Before: MARY M. SCHROEDER and MARSHA S. BERZON, Circuit Judges, and Honorable LYLE E. STROM, District Judge.


BERZON, Circuit Judge:

We consider whether an alien whose legal status as the spouse of a citizen is later terminated because the marriage was fraudulent is eligible for discretionary relief from removal. We conclude that she is. We grant the petition and remand to the Board of Immigration Appeals to determine whether petitioner Renerose Vasquez's application for a fraud waiver should be denied in the exercise of discretion.

BACKGROUND

Renerose Vasquez...

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