MERRITT, Circuit Judge, dissenting. The Court is correct to point out that this case “cries out for a common sense waiver of procedural defects” (Section III, last paragraph) in order to correct the BIA’s error “in presuming that Alizoti’s marriage was invalid and that she was guilty of an intentional misstatement.” But the Court then regards its authority as so narrow — indeed, almost nonexistent — that it cann…
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