Fatin Gappy v. Jefferson B. Sessions, III

NOT RECOMMENDED FOR FULL-TEXT PUBLICATION File Name: 17a0541n.06 No. 16-4334 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT FILED Sep 26, 2017 FATIN GAPPY, ) DEBORAH S. HUNT, Clerk ) Petitioner, ) ) ON PETITION FOR REVIEW v. ) FROM THE UNITED STATES ) BOARD OF IMMIGRATION JEFFERSON B. SESSIONS, III, Attorney ) APPEALS General, ) ) Respondent. ) ) BEFORE: BOGGS, BATCHELDER, and KETHLEDGE, Circuit Judges. PER CURIAM. Fatin Gappy petitions this court for review of an order of the Board of Immigration Appeals (BIA) dismissing her appeal from the denial of her motion to reopen removal proceedings. As set forth below, we deny Gappy’s petition for review. Gappy is a native and citizen of Iraq. In June 1994, after the Gulf War ended, Gappy left Iraq and relocated to Jordan to find a better job. Relatives introduced Gappy to United States citizen Mike Anton, who traveled to Jordan to meet her. They decided to marry, and Anton returned to the United States and filed a petition for a fiancée visa on Gappy’s behalf. After the Immigration and Naturalization Service (INS) approved the petition, Gappy entered the United States as a non-immigrant fiancée in December 1996. Gappy and Anton married in a civil ceremony in March 1997. Gappy applied to adjust her status, and the INS granted her conditional permanent resident status based on her marriage to Anton. In March 1998, after one year of marriage, Gappy and Anton were divorced. No. 16-4334 Gappy v. Sessions Gappy subsequently petitioned for removal of the conditions on her residence and requested a waiver from the joint-filing requirement on the basis that she had entered into the marriage in good faith, but the marriage was terminated. Finding that she had failed to establish that she married Anton in good faith, the INS denied Gappy’s petition, declined to waive the joint-filing requirement, and terminated her permanent-resident status. In June 2001, the INS served Gappy with a notice to appear in removal proceedings, charging her with removability: (1) for termination of her conditional permanent-resident status, see 8 U.S.C. § 1227(a)(1)(D)(i); (2) for marriage fraud in that the marriage through which she obtained her admission was entered into less than two years prior to her admission and was terminated within two years after her admission, see 8 U.S.C. § 1227(a)(1)(G)(i); and (3) for marriage fraud in that she failed or refused to fulfill her marital agreement which, in the opinion of the Attorney General, was made for the purpose of procuring her admission, see 8 U.S.C. § 1227(a)(1)(G)(ii). Gappy denied these charges before an immigration judge (IJ). To avoid removal, Gappy sought review of the INS’s denial of a good-faith waiver and filed an application for withholding of removal and protection under the Convention Against Torture, claiming that she would be treated poorly in Iraq because she is a Chaldean Catholic. After a hearing, the IJ denied Gappy’s request for a good-faith waiver and found her removable as charged. Pointing out that Gappy and ...

Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals