Immigration : Good Faith – Affidavit – Legitimacy

Where the issue of whether petitioner’s marriage to her former husband, a U.S. citizen was a good faith one, the IJ erred in admitting an affidavit from the former husband because it deprived petitioner of the right to cross-examine him and the opportunity to examine the affidavit and she was prejudiced as that only evidence directly contradicting petitioner’s evidence that the marriage was legitimate.

Petition for review granted and remanded.

Patel v. Sessions (MLW No. 70933/Case No. 16-3619 – 10 pages) (U.S. Court of Appeals, 8th Circuit, Kelly, J) Petition for Review of an Order of the Board of Immigration Appeals.

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