Bogar Allax Monter v. Alberto Gonzales, Attorney General of the United States

SACK, Circuit Judge.

The petitioner, Bogar Allax Monter, a citizen of Mexico, entered the United States in 1988, married a United States citizen in 1993, and thereafter began the process of attempting to become a United States citizen. In the course of that effort, several years after he was married and after he had been granted conditional permanent residency status, he submitted a form 1-751 Petition to Remove the Conditions of Residence (“1-751 Petition”) to the Immigration and Naturalization Service (“INS”), 1 which was approved without an interview. The INS later discovered, however, that…