CHICAGO (June 30, 2010) - The U.S. Court of Appeals for the Seventh Circuit ruled yesterday that an immigrant woman who was placed in removal proceedings after her U.S. citizen husband claimed their marriage was fraudulent should have been given the chance to cross-examine him before being ordered deported.

The court ruled that Manuela Malave had the right to question her husband about an affidavit he submitted in 1997 claiming that she paid $1,000 to marry him in order to obtain lawful immigration status. Ms. Malave denies that the marriage was fraudulent.

Chief Judge Frank Easterbrook wrote in the court's opinion that immigration law "entitles aliens to cross-examine adverse witnesses. … The bureaucracy can't nullify that right by presenting written declarations rather than live testimony."

The decision was applauded by Chuck Roth, director of litigation, Heartland Alliance's National Immigrant Justice Center: "The right to cross-examine a witness and evidence submitted against you in court is a basic tenet of the U.S. justice system."

A finding of fraud would bar Mrs. Malave from obtaining lawful permanent resident status, for which she is otherwise eligible under the Nicaraguan Adjustment and Central American Relief Act.

Mrs. Malave was represented pro bono by the National Immigrant Justice Center and by the law firm of Katten Muchin Rosenman LLP. Lead counsel on the case was Katten Partner Steven Bashwiner, Katten Associate Paula Kim argued before the Court of Appeals, and Ms. Kim and Katten Associate Mark Magyar had principal responsibility for the briefs.

"This is about as important a thing as we can do as lawyers - making sure that the government cannot take away something as valuable as the right to stay in this country without playing by the rules," said Mr. Bashwiner, reflecting on the Court of Appeals decision.

The U.S. Court of Appeals for the Seventh Circuit ruling in Malave v. Holder is available as a PDF at http://www.immigrantjustice.org/malave/7thcircuitdecision.

Link to this release online at: http://www.immigrantjustice.org/press/litigation/malave.html.

Heartland Alliance's National Immigrant Justice Center provides direct legal services to and advocates for immigrants, refugees, and asylum seekers through policy reform, impact litigation, and public education. For more information visit www.immigrantjustice.org.