Saladin Abdel Jawad v. Eric H. Hold

686 F.3d 400, 2012 WL 2765124, 2012 U.S. App. LEXIS 14085
CourtCourt of Appeals for the Seventh Circuit
DecidedJuly 10, 2012
Docket11-3142
StatusPublished
Cited by22 cases

This text of 686 F.3d 400 (Saladin Abdel Jawad v. Eric H. Hold) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Saladin Abdel Jawad v. Eric H. Hold, 686 F.3d 400, 2012 WL 2765124, 2012 U.S. App. LEXIS 14085 (7th Cir. 2012).

Opinion

WOOD, Circuit Judge.

Saladin Abdel Jawad, a Jordanian citizen, petitions this court for review of a decision by the Board of Immigration Appeals ordering his removal from the United States. 1 The Board, agreeing with the Immigration Judge (IJ), found that Jawad had lied about the bona fides of his marriage to a U.S. citizen and had thus engaged in immigration fraud. Jawad urges now that the IJ erred by failing fully to take into account the testimony of his daughter, Elham Abdeljawad; had he done so, Jawad believes, the marriage would have been seen to be genuine. But all this is just to say that Jawad wishes that the IJ and the Board had weighed the evidence differently. Finding no tenable legal issue in his petition for review, we must dismiss for lack of jurisdiction.

I

Jawad’s non-immigrant visitor visa expired in February 1987, but he has managed to remain in the United States throughout the quarter century that has elapsed since then. He originally entered the country in June 1986 with his wife, Majidah, and their young son Sadek. Over the next 12 years, they had five more children, all born in the United States. In March 1998, however, Jawad and Majidah divorced. Six months later, Karen Blankenship, a United States citizen, filed an I-130 visa petition on Jawad’s behalf. The petition represented that she and Jawad had married on March 31, 1998, in Chicago, Illinois.

As a routine part of their evaluation of the 1-130 petition, Chicago immigration officials conducted an interview with Jawad and Blankenship to determine whether they had entered into the marriage in good faith. The interviewing officer suspected that marriage fraud might be afoot and consequently recommended their case for further investigation. Blankenship later admitted to immigra *402 tion officials that the marriage was indeed fraudulent. It was, in fact, a mutually beneficial deal: Jawad agreed to pay Blankenship $10,000, and Blankenship promised to seek immigration benefits for Jawad based on the marriage. While the government’s investigation was ongoing, Jawad and Blankenship split up. Some time later, the government formally denied Jawad’s visa petition.

After ending his relationship with Blankenship, Jawad bought a home and invited his ex-wife Majidah and their six children to move in with him. He did not file for divorce from Blankenship because he was worried that such a move would affect his immigration case. Jawad was eventually served with a Notice to Appear, which charged that he was removable under Immigration and Nationality Act (INA) § 212(a)(6)(C)(i) for two reasons: he had remained in the country on an expired visitor visa; and he had fraudulently entered into a marriage to secure an immigration benefit. Jawad admitted at the removal hearing that he was removable under § 237(a)(1)(B), but he requested cancellation of removal under § 240A(b).

Four years after these proceedings began, the United States Citizenship and Immigration Services (CIS) approved a new immediate-family visa petition for Jawad; this petition had been filed on his behalf by his daughter Elham Abdeljawad, who is a United States citizen. She filed the petition one week following her 21st birthday. In light of Elham’s application, Jawad filed a request for cancellation of removal and an application for adjustment of status pursuant to § 245(a) of the Act. The government responded with evidence that the Blankenship marriage had been fraudulent, designed primarily to secure immigration benefits.

At his hearing, Jawad testified that he worked as a flea market vendor and earned about $20,000 per year. He met Blankenship in 1991 when she was a customer at the flea market. His story was that he married Blankenship because he wanted to have a sexual relationship with her — something that his religion permitted only if they were married. Jawad testified that he did not promise Blankenship money in exchange for the marriage, but he did admit that he supported her financially during their relationship because she was unemployed. He claimed that he slept at Blankenship’s apartment two or three times a week during the early months of their relationship. During the first two years of their marriage, he stated, they had sex frequently. When he did not sleep at Blankenship’s apartment, he stayed with his ex-wife and children. Soon, however, he ended his overnight stays with Blankenship. When asked to explain his statement to the interviewing official that he and Blankenship were living together as husband and wife, when in truth he no longer slept at her apartment, Jawad responded that he visited her every day. Other facts also did not add up. For instance, Jawad did not know Blankenship’s birthday, guessing that it was March 17 or in the spring, when it is actually July 5. He testified that he ended their relationship in 2001 because she drank too much alcohol and they often argued.

Blankenship’s account differed considerably from Jawad’s. She stated that she first met Jawad a couple of years before their marriage, when she worked for him at the flea market. After they became friends, Blankenship decided to try to help him avoid deportation. He offered her $10,000 if she married him and helped him gain citizenship, and she agreed. She remembered that Jawad brought her a ring on their wedding day, which she then gave to Majidah after briefly wearing it first. She stated that they never lived together *403 as husband and wife. Although they did have a brief sexual relationship, Blankenship estimated that this was limited to less than five encounters. She did not tell her family about the marriage until 2004, when she told her father about it shortly before his death.

Jawad’s daughter, Elham Abdeljawad, also testified at her father’s hearing. She was in fifth grade when Jawad and her mother Majidah got divorced. She thought that the divorce had been precipitated by Majidah’s discovery that there was another woman in her father’s life. While she was reluctant to accept Blankenship at first, she eventually began to enjoy spending time with her. She recalled visiting Blankenship’s apartment four times.

As between Jawad and Blankenship, the IJ found Blankenship the more credible witness, primarily because she was not promised protection from criminal liability for her testimony. She had no incentive to admit to committing immigration fraud other than simply to tell the truth. She provided consistent details about the financial transaction in her sworn statement and at the hearing. The IJ concluded that “[ajlthough she was paid to commit fraud, she had only the best of intentions.” Jawad did not leave a similarly favorable impression on the IJ. The judge found that there was no evidence to corroborate Jawad’s characterization of the marriage or his claim that no financial transaction took place. Unlike Blankenship, Jawad had a strong motive to lie because he wanted to remain in the country. And, contrary to the impression Jawad gives in his petition in this court, the IJ found that Elham’s testimony was not helpful in resolving the testimonial discrepancies because she was so young at the time of Jawad and Blankenship’s relationship (just 12 years old).

Jawad’s credibility was critical to his applications for adjustment of status and cancellation of removal. The IJ was required to conduct parallel discretionary analyses for both requests. Matter of CV-T-,

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Bluebook (online)
686 F.3d 400, 2012 WL 2765124, 2012 U.S. App. LEXIS 14085, Counsel Stack Legal Research, https://law.counselstack.com/opinion/saladin-abdel-jawad-v-eric-h-hold-ca7-2012.