KINISU v. HOLDER

No. 12-2444.

721 F.3d 29 (2013)

Emmanuel Mitati KINISU, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.

United States Court of Appeals, First Circuit.

August 1, 2013.


Attorney(s) appearing for the Case

Kevin R. Murphy on brief for petitioner.

Thankful T. Vanderstar , Attorney, Office of Immigration Litigation, U.S. Department of Justice, Stuart F. Delery , Principal Deputy Assistant Attorney General, and James E. Grimes , Senior Litigation Counsel, on brief for respondent.

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


LYNCH, Chief Judge.

Emmanuel Kinisu, a native and citizen of Kenya, petitions for review of an order of the Board of Immigration Appeals (BIA) affirming the ruling of an Immigration Judge (IJ). The IJ ruled that Kinisu had not met the standard for waiver of the usual requirement of filing a joint petition with a spouse in order to remove the conditions from his conditional permanent residency. Before the IJ, Kinisu, who did not file jointly with his ex-wife, had argued...

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