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WEN YUAN CHAN v. LYNCH

No. 15-2112.

843 F.3d 539 (2016)

WEN YUAN CHAN, Petitioner, v. Loretta E. LYNCH, Attorney General of the United States, Respondent.

United States Court of Appeals, First Circuit.

December 13, 2016.

Attorney(s) appearing for the Case

Gregory Romanovsky , Brookline, MA, with whom Romanovsky Law Offices was on brief, for petitioner.

Robert Michael Stalzer , Attorney, Office of Immigration Litigation, with whom Benjamin C. Mizer , Principal Deputy Assistant Attorney General, Civil Division, United States Department of Justice, Stephen J. Flynn , Assistant Director, Office of Immigration Litigation, and Annette M. Wietecha , Attorney, Office of Immigration Litigation, were on brief, for respondent.

Before Barron, Selya and Stahl, Circuit Judges.

This case presents a question of first impression in this circuit: when United States Citizenship and Immigration Services (USCIS) has approved an I-130 "immediate relative" visa petition based on an alien's marriage to a United States citizen, does the immigration court, in a parallel...

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