Contreras-Salinas v. Holder
United States Court of Appeals for the Second Circuit
585 F.3d 710 (2d Cir. 2009)
After separating from her U.S.-citizen husband before finalizing her permanent residency, Ysabel Contreras-Salinas (plaintiff) sought a good-faith marriage waiver under IIRIRA, but an immigration judge found much of her supporting evidence, including her affidavits and testimony, not credible and denied the waiver; the Board of Immigration Appeals dismissed her appeal, and she petitioned for review, arguing the immigration judge failed to properly weigh certain material evidence.
Whether courts have jurisdiction to review challenges to the attorney general's determinations as to what evidence is credible and the weight to be given that evidence under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.