(D)  Hardship Waivers.  This ground does not apply if the Attorney General, in an exercise of discretion, decides to grant a waiver under INA § 216(c)(4) and removes the condition on grounds:

 

            (1) termination of status would result in extreme hardship,

            (2) the marriage was entered in good faith, but the marriage was terminated (other than through death of the spouse), and the noncitizen was not at fault in failing to meet the requirements to have the conditional status removed, or

 

            (3) the noncitizen, or the noncitizen’s child was subject to abuse by the petitioning spouse, and the noncitizen was not at fault for failure to meet the requirements to have the conditional status removed.[1389]

 

      If no petition for removal of the condition is filed after two years, or if such a petition for waiver is denied by the Attorney General, the noncitizen is subject to removal.

[1389] INA § 237(a)(1)(D)(ii), 8 U.S.C. § 1227 (a)(1)(D)(ii); INA § 216(c)(4), 8 U.S.C. § 1186a(c)(4).

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