MIRVAT A.M.I. ELGEBALY v. MERRICK B. GARLAND, Attorney General - Articles

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MIRVAT A.M.I. ELGEBALY v. MERRICK B. GARLAND, Attorney General

Posted by: Azya Thornton on Jul 23, 2024

Court: 6th Circuit Court (Published Opinions)

Attorneys 1: ON BRIEF: Russell Reid Abrutyn, ABRUTYN LAW PLLC, Southfield, Michigan, for Petitioner.

Attorneys 2: ON BRIEF: Margot P. Kniffin, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent.

Judge(s): BOGGS, CLAY, and GIBBONS, Circuit Judges

Court Appealed: On Petition for Review from the Board of Immigration Appeals

CLAY, Circuit Judge. Petitioner Mirvat Elgebaly, a native and citizen of Egypt, seeks review of two Board of Immigration Appeals (“BIA”) decisions in this consolidated appeal. The first decision affirmed an immigration judge’s (“IJ”) denial of Elgebaly’s two applications for a hardship waiver of the requirement that a noncitizen spouse submit a joint petition with her citizen spouse to remove conditions on her permanent resident status. 8 U.S.C. § 1186a(c)(4). On appeal, Elgebaly claims that the BIA and IJ erred in finding her ex-husband’s testimony credible, that the substantial evidence did not support denial of the hardship waivers, and that the IJ erred in failing to assist Elgebaly, proceeding pro se, in developing the record. The second BIA decision denied Elgebaly’s motion to reopen proceedings. Id. § 1229a(c)(7). Elgebaly argues that the BIA abused its discretion in considering her purportedly new and material evidence submitted with this motion. For the reasons set forth below, we DENY Elgebaly’s petitions for review.

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