Dabaghian v. Civiletti case brief summary
607 F.2d 868 (1979)
CASE FACTS
Plaintiff was a native citizen of Iran. Subsequently, plaintiff married a United States Citizen and sought permanent residence, which was granted. Plaintiff divorced several months later. Defendant attorney general alleged that plaintiff's marriage was dead in fact; therefore, plaintiff was not a spouse of a United States citizen, and was ineligible for adjustment of status. The immigration judge revoked plaintiff's status and the immigration appellate board dismissed his appeal. The lower court dismissed on summary judgment. Plaintiff appealed.
DISCUSSION
The reviewing court reversed and remanded the appellate court's grant of defendant's motion for summary judgment, holding where defendant failed to prove plaintiff's marriage was fraudulent from its inception, the marriage was valid for purposes of determining eligibility for adjustment of status. Thus, where plaintiff was married at the time of adjustment, he was entitled to permanent resident status.
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607 F.2d 868 (1979)
CASE SYNOPSIS
Plaintiff alien sought review of an
order from the United States District Court for the Southern District
of California granting defendant attorney general's motion for
summary judgment. Plaintiff claimed he was entitled to adjustment of
status to permanent resident where he was married to a United States
citizen at the time of adjustment. Defendant claimed that plaintiff
was ineligible, as the marriage was "in fact" dead, but not
legally dead.CASE FACTS
Plaintiff was a native citizen of Iran. Subsequently, plaintiff married a United States Citizen and sought permanent residence, which was granted. Plaintiff divorced several months later. Defendant attorney general alleged that plaintiff's marriage was dead in fact; therefore, plaintiff was not a spouse of a United States citizen, and was ineligible for adjustment of status. The immigration judge revoked plaintiff's status and the immigration appellate board dismissed his appeal. The lower court dismissed on summary judgment. Plaintiff appealed.
DISCUSSION
- The reviewing court reversed and remanded, holding that defendant never claimed or proved plaintiff's first marriage was a sham or fraud when entered, so its rescission was improper.
- Plaintiff's marriage was held valid for the purposes of determining eligibility for adjustment of status until legally dissolved.
- The immigration agency's interpretation of the word "spouse" was an abuse of discretion and plaintiff was entitled to permanent residency because he was married to a United States citizen at the time of adjustment of status.
The reviewing court reversed and remanded the appellate court's grant of defendant's motion for summary judgment, holding where defendant failed to prove plaintiff's marriage was fraudulent from its inception, the marriage was valid for purposes of determining eligibility for adjustment of status. Thus, where plaintiff was married at the time of adjustment, he was entitled to permanent resident status.
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