How USCIS, the AAO and the BIA All Got It Wrong: Ambreen v. Garland

Simon Sandoval-Moshenberg reports: "Here’s a nice decision I just got from the Eastern District of Virginia, reversing USCIS’s denial of an I-130 to my client who had previously been criminally convicted of immigration fraud in that same courthouse."

Court: “USCIS, the BIA, and the government in its briefing all make much of the fact that Imran is a criminal and a fraud. But the Commonwealth of Virginia does not withhold from criminals or fraudsters the right to marry. The BIA may not refuse Plaintiffs’ I-130 application based on some generalized distrust. By the BIA’s logic, it is far from clear if there is any evidence that Plaintiffs could produce to convince the government that they have entered a valid marriage. ... For the foregoing reasons, it is hereby ORDERED that Defendants’ Motion for Summary Judgment (ECF 5) is DENIED; and it is further ORDERED that Plaintiffs’ Cross Motion for Summary Judgment (ECF 12) is GRANTED; and it is further ORDERED that the BIA’s decision of August 24, 2022 regarding Plaintiffs’ I-130 petition is VACATED; and it is further ORDERED that this matter is REMANDED to the BIA. On remand, the BIA should reverse or vacate USCIS’s decision regarding Plaintiffs’ I-130 petition, or else provide reasons for affirming USCIS’ decision."

Hats off, Simon!