On Petition for Review from the Board of Immigration Appeals.
No. A 059 525 513.
Decided and Filed: July 23, 2024
Before: BOGGS, CLAY, and GIBBONS, Circuit Judges.
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OPINION
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CLAY, Circuit Judge. Petitioner Mirvat Elgebaly, a native and citizen of Egypt, seeks
review of two Board of Immigration Appeals (“BIA”) decisions in this consolidated appeal. The
first decision affirmed an immigration judge’s (“IJ”) denial of Elgebaly’s two applications for a
hardship waiver of the requirement that a noncitizen spouse submit a joint petition with her
citizen spouse to remove conditions on her permanent resident status. 8 U.S.C. § 1186a(c)(4).
On appeal, Elgebaly claims that the BIA and IJ erred in finding her ex-husband’s testimony
credible, that the substantial evidence did not support denial of the hardship waivers, and that the
IJ erred in failing to assist Elgebaly, proceeding pro se, in developing the record. The second
BIA decision denied Elgebaly’s motion to reopen proceedings. Id. § 1229a(c)(7). Elgebaly
argues that the BIA abused its discretion in considering her purportedly new and material
evidence submitted with this motion. For the reasons set forth below, we DENY Elgebaly’s
petitions for review. |