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Manuel Lopez-Rivera, A089 235 276 (BIA Jan. 3, 2014)

Manuel Lopez-Rivera, A089 235 276 (BIA Jan. 3, 2014)

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In this unpublished decision, the Board of Immigration Appeals (BIA) denied a sua sponte motion to reopen filed by a respondent who married his U.S. citizen husband after the issuance of United States v. Windsor, 133 S. Ct. 2675 (2013) and Matter of Zeleniak, 26 l&N Dec. 158 (BIA 2013), which struck down Section 3 of the Defense of Marriage Act and recognized lawful same-sex marriages under the immigration laws. The Board stated that the submission of a marriage certificate and a pending Form I-130 was not sufficient to demonstrate that the marriage was bona fide. The decision was written by Member Molly Kendall-Clark.
In this unpublished decision, the Board of Immigration Appeals (BIA) denied a sua sponte motion to reopen filed by a respondent who married his U.S. citizen husband after the issuance of United States v. Windsor, 133 S. Ct. 2675 (2013) and Matter of Zeleniak, 26 l&N Dec. 158 (BIA 2013), which struck down Section 3 of the Defense of Marriage Act and recognized lawful same-sex marriages under the immigration laws. The Board stated that the submission of a marriage certificate and a pending Form I-130 was not sufficient to demonstrate that the marriage was bona fide. The decision was written by Member Molly Kendall-Clark.

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Published by: Immigrant & Refugee Appellate Center, LLC on Jan 13, 2014
Copyright:Attribution Non-commercial

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02/15/2014

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For more unpublished BIA decisions, visit www.irac.net/unpublished
Cite as: Manuel Lopez-Rivera, A089 235 276 (BIA Jan. 3, 2014)

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