By: Derek Hawkins//November 7, 2016//
7th Circuit Court of Appeals
Case Name: Kiril Hristov Vidinski v. Loretta E. Lynch
Case No.: 13-2478; 13-3263
Officials: WILLIAMS and HAMILTON, Circuit Judges
Focus: Ineffective Assistance of Counsel – Judicial Review
Petitioner Kiril Vidinski is a native of Bulgaria. He entered the United States as a visitor in 1998 but overstayed his visa. He married a United States citizen, Constance Literski, in 2002, and in 2005 he and Ms. Literski filed petitions seeking legal permanent resident status for him. Before those petitions were resolved, Ms. Literski told an investigator for Immigration and Customs Enforcement (ICE) that the marriage had been a sham to obtain immigration benefits for Vidinski (and money for her). Removal proceedings resulted in a final order to remove Vidinski, and the Board of Immigration Appeals dismissed his appeal and later denied his motion to reopen proceedings based on ineffective assistance of counsel. He now seeks judicial review, arguing primarily that he was entitled to cross‐examine Ms. Literski, whose affidavit was critical to the marriage fraud is‐ sue. We dismiss in part and deny the remainder of the petitions on their merits.
Petition Dismissed