Samara v. Attorney General United States of America, 012919 FED3, 17-1292

Docket Nº:17-1292, 17-3217
Opinion Judge:GREENAWAY, JR., Circuit Judge.
Party Name:ALI FARES SAMARA, Petitioner v. ATTORNEY GENERAL UNITED STATES OF AMERICA, Respondent
Judge Panel:Before: GREENAWAY, JR., BIBAS, and FUENTES, Circuit Judges.
Case Date:January 29, 2019
Court:United States Courts of Appeals, Court of Appeals for the Third Circuit
 
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ALI FARES SAMARA, Petitioner

v.

ATTORNEY GENERAL UNITED STATES OF AMERICA, Respondent

Nos. 17-1292, 17-3217

United States Court of Appeals, Third Circuit

January 29, 2019

NOT PRECEDENTIAL

November 15, 2018 Submitted Under Third Circuit L.A.R. 34.1(a)

On Petitions for Review of Orders of the Board of Immigration Appeals (BIA No. A078-492-776) Immigration Judge: Honorable Rosalind K. Malloy

Before: GREENAWAY, JR., BIBAS, and FUENTES, Circuit Judges.

OPINION [*]

GREENAWAY, JR., Circuit Judge.

Petitioner Ali Fares Samara ("Samara") challenges a final order of removal of the Board of Immigration Appeals ("BIA"). In support of his challenge, Samara raises three arguments. However, the first two arguments fail and the last is beyond this Court's jurisdiction. We will therefore deny in part and dismiss in part Samara's petitions for review.

I. BACKGROUND

Samara, a native of Jordan, came to the United States at the age of 34. Although he entered the country legally, pursuant to a B-1 visitor visa, he unlawfully overstayed his visa and began working at a convenience store in Philadelphia. Nearly three years later, Samara married Rose Marie Martelli ("Martelli"), a United States citizen. Based on this marriage, Samara received conditional lawful permanent resident ("CLPR") status.

Soon, Samara and Martelli jointly filed a Form I-751: Petition to Remove the Conditions on Residence ("I-751"). Following an interview with Samara and Martelli, however, the United States Citizenship and Immigration Services ("USCIS") found that their marriage was fraudulent and denied their I-751. Samara and Martelli filed a motion to reopen the termination of their I-751 but that motion was also denied.

A few years later, Samara filed a second I-751 on his own. This time, he requested a waiver of the joint petition requirement on the grounds that, although he had entered into his marriage with Martelli in good faith, it had terminated through divorce or annulment. Following another interview, USCIS again concluded that Samara and Martelli's marriage was a sham and memorialized its findings in an investigative report drafted by Officer David Spaulding. As a result, USCIS denied Samara's second I-751, thus terminating his CLPR status.

Based on these developments, the United States Department of Homeland Security commenced removal proceedings against Samara, beginning with a Form I-862: Notice to Appear ("NTA"). The NTA charged Samara with removability under sections 237(a)(1)(A) and 237(a)(1)(D)(i) of the Immigration and Nationality Act of 1965 ("INA"), 8 U.S.C. § 1227(a)(1)(A) & (D)(i), based on marriage fraud and termination of his CLPR status, respectively. Samara admitted to all allegations in the NTA, except the allegation that his marriage to Martelli was a sham.

After reviewing the record and conducting a merits hearing, at which Samara testified, an immigration judge ("IJ") issued a 19-page decision chronicling her findings and conclusions. The decision highlighted a host of information detrimental to Samara, including that Samara and his Jordanian ex-wife, whom he had allegedly divorced before marrying Martelli, conceived a child and traveled internationally together after their alleged divorce; Samara did not date or live with Martelli as long as he had originally stated; Samara fathered a child with another woman while married to Martelli and withheld this information in his I-751 proceedings; Samara presented false documents and potentially used an imposter to pose as Martelli at the first USCIS interview; and...

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