The Second Circuit has determined that de novo review applies to the mixed question of law and fact of whether a petitioner has established that his marriage was entered into in good faith under 8 USC § 1186a(c)(4)(B). “Here, the established facts—subject to clear error review by the BIA—were that the couple married in Bangladesh in mid-2003, barely resided together during their marriage, divorced six 11 months after Alom’s entry to the United States in 2005, and had no children or demonstrable marital property. But the BIA failed to acknowledge the de novo standard applicable to the mixed question of whether the established facts were sufficient to establish a good faith marriage under § 1186a(c)(4)(B).”

The full text of Alom v. Whitaker can be found here: