Fitiwi v. Garland ( 2023 )


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  •                            NOT FOR PUBLICATION                           FILED
    APR 25 2023
    UNITED STATES COURT OF APPEALS
    MOLLY C. DWYER, CLERK
    U.S. COURT OF APPEALS
    FOR THE NINTH CIRCUIT
    DANIAL GAFRE FITIWI,                            No. 22-67
    Agency No.
    Petitioner,                        A062-367-879
    v.
    MEMORANDUM*
    MERRICK B. GARLAND, Attorney
    General,
    Respondent.
    On Petition for Review of an Order of the
    Board of Immigration Appeals
    Submitted April 20, 2023**
    San Francisco, California
    Before: SCHROEDER, CALLAHAN, and BUMATAY, Circuit Judges.
    *
    This disposition is not appropriate for publication and is not
    precedent except as provided by Ninth Circuit Rule 36-3.
    **
    The panel unanimously concludes this case is suitable for decision
    without oral argument. See Fed. R. App. P. 34(a)(2).
    Daniel Gafre Fitiwi, a native and citizen of Ethiopia, petitions for review
    of the Board of Immigration Appeals’ (“BIA”) dismissal of his appeal from the
    denial of his application for a “good faith marriage” waiver under 8 U.S.C.
    §1186a(c)(4)(B). Under that statute, Petitioner had the burden of establishing
    eligibility for the waiver by showing his marriage was entered into in good
    faith. See Hammad v. Holder, 
    603 F.3d 536
    , 543 (9th Cir. 2010).
    The denial was premised on numerous inconsistencies in the evidence
    Petitioner presented, and on his explanations, which the Immigration Judge
    found to be implausible. Many of the inconsistencies concerned whether
    Petitioner considered the two children born during the marriage to be his
    biological children. There was also a notable lack of any family photographs
    with the children. The conclusion that Petitioner failed to establish he entered
    into his marriage in good faith is supported by substantial evidence. See Damon
    v. Ashcroft, 
    360 F.3d 1084
    , 1088 (9th Cir. 2004) (stating that whether a
    noncitizen entered into a marriage in good faith to be eligible for the waiver is
    an intrinsically fact-specific question that is reviewed under the substantial
    evidence standard). There is no evidence compelling a contrary finding.
    Because the reasons for rejecting Petitioner’s explanations are clear, the
    Supreme Court’s recent decision in Garland v. Dai, 
    141 S.Ct. 1669 (2021)
    , does
    not require remand. See 
    id. at 1681
    .
    PETITION DENIED.
    2
    

Document Info

Docket Number: 22-67

Filed Date: 4/25/2023

Precedential Status: Non-Precedential

Modified Date: 4/25/2023