Is the deferential 'substantial evidence' standard employed by federal courts to review decisions of the Board of Immigration Appeals fundamentally incompatible with the USCIS Director's burden to prove marriage fraud by 'substantial and probative evidence'

QUESTION(S) PRESENTED Is the deferential “substantial evidence” standard employed by federal courts to review decisions of the Board of Immigration Appeals fundamentally incompatible with the USCIS Director’s burden to prove marriage fraud by “substantial and probative evidence” when denying a visa petition because it prevents in federal court a more rigorous review of the agency’s evidence which the “substantial and probative evidence” standard demands; it blocks federal courts from discovering administrative error; it ignores decisional and statutory that insist on this heightened evidentiary standard; and it denies petitioner due process by excusing the agency from adducing in federal court the same affirmative evidence of marriage fraud it was required to adduce in the administrative forum? uu STATEMENT OF RELATED CASES None