17‐2240(L) Rachid Azala v. Barr BIA Lamb, IJ A079 106 658 UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURTʹS LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION ʺSUMMARY ORDERʺ). A PARTY CITING A SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL. At a stated term of the United States Court of Appeals for the Second Circuit, held at the Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New York, on the 17th day of March, two thousand twenty. PRESENT: REENA RAGGI, DENNY CHIN, RICHARD J. SULLIVAN, Circuit Judges. ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐x RACHID AZALA, Petitioner, ‐v‐ 17‐2240‐ag; 18‐658‐ag; 19‐1107‐ag WILLIAM P. BARR, UNITED STATES ATTORNEY GENERAL, Respondent. ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐x FOR PETITIONER: DAVID A. ISAACSON, Cyrus D. Mehta & Partners PLLC, New York, New York. FOR RESPONDENT: GREGORY A. PENNINGTON, Jr., Trial Attorney (Carl McIntyre, Assistant Director; Nancy E. Friedman, Senior Litigation Counsel, on the brief), for Joseph C. Hunt, Assistant Attorney General, Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, DC. UPON DUE CONSIDERATION of these petitions for review of decisions of the Board of Immigration Appeals (ʺBIAʺ), it is hereby ORDERED, ADJUDGED, and DECREED that the petitions are DENIED. Petitioner Rachid Azala, a native and citizen of Algeria, seeks review of (1) the BIAʹs June 22, 2017 decision affirming a July 28, 2016 decision of an Immigration Judge (ʺIJʺ) and (2) the BIAʹs February 8, 2018 and March 27, 2019 decisions denying his motions to reopen. In re Rachid Azala, No. A079 106 658 (B.I.A. June 22, 2017), affʹg No. A079 106 658 (Immig. Ct. N.Y. City July 28, 2016); In re Rachid Azala, No. A079 106 658 (B.I.A. Feb. 8, 2018 & Mar. 2, 2019). We assume the partiesʹ familiarity with the underlying facts, procedural history, and issues on appeal. I. Denial of Hardship and Fraud Waivers In 2001, Azala married his first wife and received a conditional grant of lawful permanent resident (ʺLPRʺ) status. In 2003, they jointly filed an I‐751 petition to remove the conditions on his LPR status. In 2005, however, his then‐wife advised the 2 U.S. Citizenship and Immigration Services (ʺUSCISʺ) under oath that Azala had paid her to marry him and ...
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