8 C.F.R. § 1204.1
Single level of appellate review
The decision of the Board of Immigration Appeals concerning the denial of a relative visa petition under 8 CFR chapter I, part 204 because the petitioner failed to establish eligibility for the bona fide marriage exemption contained in that part will constitute the single level of appellate review established by statute.
Notes of Decisions
Cited in 3
cases (1 in the last 5 years), 2012–2023 · leading case: Zemeka v. Holder, Jr., 989 F. Supp. 2d 122 (D.D.C. 2013).
Zemeka v. Holder, Jr., 989 F. Supp. 2d 122 (D.D.C. 2013). “The Director’s decision may be appealed to the Board of Immigration Appeals, 8 C.F.R. § 1204.1 . If a petitioner remains dissatisfied with the BIA’s decision, he may then file suit in this Court, although USCIS’s denial of an I-130 petition based on a finding of fraudulent…”
Offiiong v. Holder, 864 F. Supp. 2d 611 (S.D. Tex. 2012). “8 C.F.R. § 1204.1 . While § 204(a) grants the right to submit an 1-130 visa petition, it does not provide a right to an adjudicatory hearing.”
Misseme v. United States Citizenship & Immigr. Servs. (D. Maryland 2023). “8 C.F.R. § 1204.1 . The BIA’s decision on the Form I-130 petition is then subject to review by a district court.”
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