Case: 22-60364 Document: 00516738169 Page: 1 Date Filed: 05/04/2023 United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit FILED No. 22-60364 May 4, 2023 Summary Calendar ____________ Lyle W. Cayce Clerk Adetokunbo Abosede Brooks, Petitioner, versus Merrick Garland, U.S. Attorney General, Respondent. ______________________________ Petition for Review of an Order of the Board of Immigration Appeals Agency No. A028 988 727 ______________________________ Before King, Higginson, and Willett, Circuit Judges. Per Curiam: * Adetokunbo Abosede Brooks seeks review of a final decision of the Board of Immigration Appeals denying her application for waiver of the requirement to file a joint petition for removal of conditions and ordering her removed. The only argument she presents for our review is unexhausted, _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 22-60364 Document: 00516738169 Page: 2 Date Filed: 05/04/2023 No. 22-60364 and we therefore lack jurisdiction to consider it. Accordingly, the petition for review is DENIED. Brooks, a native and citizen of Nigeria, lawfully entered the United States in 1986 on a six-month visa. Three years later, her status was adjusted to that of a conditional permanent resident alien based on her marriage to a U.S. citizen. Brooks timely filed a joint petition to have the conditions on her permanent resident status removed, and she and her spouse appeared for an interview before the Immigration and Naturalization Service (“INS”) concerning the bona fides of their marriage. During his interview, her spouse stated that he neither saw nor signed the joint petition, and he formally withdrew from the joint application. Soon after, Brooks and her spouse filed for divorce, and Brooks filed with the INS an application for waiver of the requirement to file the joint petition for removal of conditions, claiming that she entered the marriage in “good faith.” In April 1992, the INS denied Brooks’ request to waive the filing of the joint petition and formally terminated her conditional permanent resident status. The INS then commenced deportation proceedings, for which Brooks did not appear, and she was ordered removed in absentia in September 1992. In 2015, Brooks filed a motion with the immigration court seeking reopening of her case, which the Immigration Judge (“IJ”) granted, because she did not receive notice of her original hearing. The IJ then heard several days of testimony from Brooks concerning the circumstances of her marriage. Upon the hearing’s conclusion, the IJ issued a decision sustaining the charge of deportation and upholding the INS’ denial of Brooks’ request to waive the filing of the joint petition. In evaluating the credibility of Brooks’ testimony, the IJ applied the framework outlined by § 101(d)(2) of the REAL ID Act of 2005, codified as amended at 8 U.S.C. § 1229a(c)(4)(C). Brooks appealed the decision to the Board of Immigration Appeals (“BIA”), which affirmed the IJ’s decision without opinion in 2022. She then filed a petition for review 2 Case: 22-60364 Document: 00516738169 Page: 3 Date Filed: 05/04/2023 No. …
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