USCA11 Case: 21-10470 Date Filed: 01/24/2022 Page: 1 of 9 [DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 21-10470 Non-Argument Calendar ____________________ MARKO KNEZEVIC, Petitioner, versus U.S. ATTORNEY GENERAL, Respondent. ____________________ Petition for Review of a Decision of the Board of Immigration Appeals Agency No. A099-227-743 ____________________ USCA11 Case: 21-10470 Date Filed: 01/24/2022 Page: 2 of 9 2 Opinion of the Court 21-10470 Before WILSON, GRANT, and ANDERSON, Circuit Judges. PER CURIAM: Marko Knezevic petitions for review of the Board of Immi- gration Appeals’s (BIA) final order dismissing his appeal of the Im- migration Judge’s (IJ) discretionary denial of waiver of inadmissi- bility under the Immigration and Nationality Act (INA) § 237(a)(1)(H), 8 U.S.C. § 1227(a)(1)(H). After careful review, we dismiss the petition. I. Mr. Knezevic is a native of Yugoslavia and a citizen of Serbia. In May 2004, he entered the United States with Ivana Stevanovic on an H-2B visa as a temporary non-immigrant worker. In October 2004, Mr. Knezevic married Amanda Rakes, a United States citizen, and thus, obtained conditional permanent resident status in June 2005. Mr. Knezevic’s status remained conditional until he proved after a specific time that he did not enter the marriage to circum- vent the United States’ immigration laws. After divorcing Ms. Rakes in October 2006, Mr. Knezevic pe- titioned to remove the condition on his lawful permanent status. Mr. Knezevic could have the condition removed by showing that even though his marriage to Ms. Rakes ended in a divorce, the par- ties married in good faith. In June 2010, the Department of Home- land Security (DHS) terminated Mr. Knezevic’s lawful permanent resident status because it determined that Mr. Knezevic entered the USCA11 Case: 21-10470 Date Filed: 01/24/2022 Page: 3 of 9 21-10470 Opinion of the Court 3 marriage with Ms. Rakes for consideration and to obtain immigra- tion benefits. In September 2011, DHS filed a Notice to Appear that initi- ated removal proceedings against Mr. Knezevic. The Notice to Ap- pear charged Mr. Knezevic with removability under 8 U.S.C. § 1227(a)(1)(D)(i) as a noncitizen whose conditional permanent resi- dent status was terminated. In February 2012, Mr. Knezevic admit- ted the allegations in the Notice to Appear but denied the charge of removability. The IJ concluded Mr. Knezevic was removable as charged. Because of a pending visa petition, the IJ continued Mr. Knezevic’s case. In December 2011, Mr. Knezevic married Rachael Knezevic. In September 2012, Mrs. Knezevic filed a visa petition on behalf of Mr. Knezevic. In August 2013, the United States Citizenship and Immigration Services (USCIS) issued a notice of its intent to deny Mrs. Knezevic’s visa petition because of Mr. Knezevic’s fraudulent marriage to Ms. Rakes. In response, Mr. Knezevic filed affidavits and evidence to show that his marriage to Ms. Rakes was bona fide. Ultimately, USCIS denied his petition. After USCIS denied his visa petition, Mr. Knezevic sought a waiver of inadmissibility under 8 U.S.C. § 1227(a)(1)(H). 1 At the 1 Procuring admission …
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