Russell Abrutyn

Abrutyn Law PLLC

3765 12 Mile Road

Berkley, MI 48072

Tuesday, February 4, 2014

BIA on reopening for same sex marriage

In re Manuel Lopez-Rivera, A089-235-276, 2014 WL 347695 (BIA Jan. 3, 2014) (unpublished)

The noncitizen filed an untimely motion to reopen following the Supreme Court's decision on the Defense of Marriage Act in U.S. v. Windsor. The noncitizen sought reopening based on his same-sex marriage and pending I-130 petition. The BIA declined to reopen sua sponte because there was insufficient evidence that the marriage was bona fide.

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