Alien who entered into good faith marriage can be removed as matter of discretion

Jebeili v. Holder, No. 009-4288 (6th Cir. April 18, 2011) (unpublished).

The noncitizen renewed his I-751 in removal proceedings.  He sought a waiver of the joint filing requirement, claiming that he married in good faith but his marriage ended in divorce.

The IJ found that he married in good faith but nonetheless denied his petition as a matter of discretion.  The IJ based the discretionary denial based on the belief the alien submitted a forged marriage license and embellished his testimony. The court found it lacked jurisdiction to review the discretionary denial.

So not only did the IJ order an LPR removed on credibility grounds, even though the alien otherwise complied with the immigration laws and did not commit a removable violation, the federal court was unwilling to even consider his petition for review.