An Immigration Judge ordered Judith Mutle Mutie-Timothy removed for having engaged in a fraudulent marriage to a U.S. citizen for the purpose of acquiring lawful permanent residence.  Subsequently, USCIS approved her VAWA self-petition, finding that her marriage was, in fact, bona fide.  On remand, the Immigration Judge essentially ignored this finding, denying Mutie-Timothy's applications for adjustment of status and a waiver on discretion, disagreeing with USCIS's finding that her marriage was bona fide.

On appeal, the Board of Immigration Appeals affirmed the decision, noting that USCIS only adjudicated the validity of Mutie-Timothy's marriage based on documentary evidence, while the Immigration Judge also had the benefit of hearing her testimony and observing her demeanor.

Because the applications were denied on discretionary grounds, the Eighth Circuit held that it had no jurisdiction to review the denials.  It also found no due process violations were committed by the agency.

The full text of Mutie-Timothy v. Lynch can be found here: