(C)  Termination of Enterpreneur-Based Conditional Residence.  The immigration Act created a similar conditional residence procedure for immigrant investors who seek to enter to start a new commercial enterprise that would benefit the U.S. economy and create at least 10 full-time jobs.[1385]  The statute provides for conditional residence granted on this basis for the entrepreneur and any spouse or child for two years.[1386]  The investor must petition to remove the condition at the end of the two-year period, and the conditional residence status may be terminated by the Attorney General at any time on a finding that the conditions of entry have not been satisfied.[1387]

 

      The immigrant bears the burden, in removal proceedings, of establishing compliance with statutory requirements.[1388]

 

[1385] INA § 203(b)(5), 8 U.S.C. § 1153(b)(5).

[1386] INA § 216A, 8 U.S.C. § 1186b.

[1387] Id.; see 8 C.F.R. § 216.6(a)(5).  See generally C. Gordon, S. Mailman, & S. Yale-Loehr, Immigration Law and Procedure § 39.07[1] (2004).

[1388] INA § § 216(c)(2), 216A(c)(2)(B), 8 U.S.C. § § 1186a(c)(2), 1186b(c)(2)(B); 8 C.F.R. § § 216.4(a)(6), 216.4(b)(3), 216.6(a)(5), 216.6(b)(3).

Ninth Circuit

DEPORTATION - REMOVAL OF CONDITIONAL LPR STATUS
Oropeza-Wong v. Gonzales, ___ F.3d ___, 2005 WL 1088938 (9th Cir. May 10, 2005) (noncitizen held not entitled to a statutory waiver of the conditional basis of his permanent resident status, based on marriage to a United States citizen, since he did not meet his burden of proving that he entered his marriage in good faith).
http://caselaw.lp.findlaw.com/data2/circs/9th/0371446p.pdf