Toure v. Barr

Toure, a citizen of Mali, entered the U.S. on a tourist visa in January 2007. In June 2009, he married Wolfe, a U.S. citizen. Conditional on his marriage, he was granted permanent resident status. In September 2011, Toure and Wolfe filed a joint I‐751 petition to remove the conditions. After an interview, USCIS issued a Notice of Intent to Deny because the marriage seemed to have been motivated by immigration benefits; the two were living apart and could not answer basic questions about each other. USCIS terminated Toure's conditional permanent resident status. In removal proceedings, 8 U.S.C. 1227(a)(1)(D)(i), Toure conceded removability but said that he and Wolfe were still married and that they intended to proceed with the joint filing. He and Wolfe had actually been separated for several months. The IJ set the merits hearing for more than three years later. In December 2014, Toure and Wolfe divorced. Neither Toure nor his attorney informed the immigration court of this change in status. A month before the long‐scheduled removal hearing, Toure filed a new I‐751 petition, this time requesting a waiver of the joint‐filing requirement. At the hearing, he requested a continuance to allow USCIS time to adjudicate that petition and waiver request. The IJ and BIA rejected his request. The Seventh Circuit denied a petition for review. Toure’s hope that USCIS would grant his waiver was speculative at best and he did not diligently pursue his collateral remedy. View "Toure v. Barr" on Justia Law