CA1 Dismisses Argument for Consideration of In re Magna Exception

The court dismisses argument that the BIA had to remand to allow the IJ to consider whether failing to recognize the petitioner’s annulled first marriage would be unjust. Also finds there was substantial evidence to support the conclusion that a subsequent I-130, based on a second marriage, was not approvable when filed. (McCreath v. Holder, 7/21/09).