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Immigration Law

USCIS Fails to Prove Sham Marriage: Delcore v. Holder

"This case comes down to the following: many years after Szilagyi and Colon separated, one of them swore that they had initially lived together for a few months, and the other swore that they never lived together.  Two other witnesses (Balagyan and Janky) support plaintiffs’ version, and the documentary evidence is slim and equivocal.  Merely choosing to believe Colon instead of the others does not satisfy the government’s burden of identifying substantial and probative evidence that the marriage was fraudulent, and in light of that specific burden of proof, no reasonable person could reach the conclusion reached by the government here." - Delcore v. Holder, N.D. Il., ED, No. 13 CV 8266, Apr. 20, 2015.

"Plaintiffs' attorney Shannon M. Shepherd said Tuesday that “we are obviously very pleased with Judge Shah’s decision.”  The plaintiffs are represented by Shannon Marie Shepherd of Immigration Attorneys LLP." - Law360