Abuya v. Sessions

The 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). View "Abuya v. Sessions" on Justia Law