NGONGA et al v. SESSIONS et al, No. 1:2018cv00975 - Document 36 (E.D. Va. 2019)
Court Description: MEMORANDUM OPINION. Signed by District Judge Claude M. Hilton on 4/16/2019. (dvanm, )
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NGONGA et al v. SESSIONS et al Doc. 36 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division ERNEST NGONGA, et al.. Plaintiffs, Civil Action No. l:18-cv-975 V. KIMBERLY J. ZANOTTI, Field Office Director, USCIS Washington Field Office, et al., Defendants. MEMORANDUM OPINION Plaintiff Ernest Ngonga filed an 1-130 Immigration Petition for Alien Relative on behalf of his wife. Plaintiff Danny Fokou. Defendant, U.S. Citizenship and Immigration Services (USCIS), denied the Petition under 8 U.S.C. ยง 1154(c) because it determined that Ms. Fokou had previously entered a marriage with Valery Nkwingwah Keyi for the purpose of evading the United States' immigration laws. Plaintiffs appealed the denial to the Board of Immigration Appeals (BIA) which affirmed USCIS' determination. Plaintiffs allege that the denial of the petition and its affirmance were arbitrary and capricious in violation of the Administrative Procedure Act (APA). This matter comes before the Court on the parties' cross Motions for Summary Judgment (Dkts. 24 & 27). Dockets.Justia.com
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