Abuya v. Sessions, No. 16-3407 (8th Cir. 2017)
Annotate this CaseThe Eighth Circuit denied a petition for review of the BIA's decision affirming the IJ's decision sustaining DHS's charges that petitioner entered into a fraudulent marriage with the purpose of procuring adjustment of status. The court held that the testimony and documentary evidence submitted by DHS -- and not refuted by credible evidence that petitioner and his wife ever lived together -- was substantial evidence that supported the IJ's finding that the marriage was fraudulent under 8 U.S.C. 1182(a)(6)(C)(i) and therefore petitioner was removable under section 1227(a)(1)(A).
Court Description: Loken, Author, with Murphy and Melloy, Circuit Judges] Petition for Review - Immigration. The agency's determination that petitioner attempted to procure an adjustment of status by willfully misrepresenting that his marriage to a U.S. citizen was bona fide was supported by substantial evidence that the marriage was a sham; the IJ's credibility findings were supported by the record.
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