Monique Koth v. US Dept of Homeland Security

MEMORANDUM

Petitioner Monique Koth appeals the district court’s judgment affirming the decision of U.S. Citizenship and Immigration Services (CIS) to revoke its approval of a 1-130 visa petition Koth filed on behalf of her husband Ty Cheung. We have jurisdic tion under 28 U.S.C. § 1291 , and we affirm.

1. CIS did not abuse its discretion in revoking Koth’s 1-130 petition on the basis that her marriage to Cheung was not bona fide. See 8 U.S.C. § 1154 (a)(1)(A)(iii)(II)(aa)(BB). Under the Administrative Procedure Act, we may set aside the agency’s decision only if it is “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with, the law.” 5 U.S.C. § 706 (2)(A). The revocation of an approved petition must occur for “good and sufficient cause.” 8 U.S.C. at § 1155. We review CIS’s revocation decision for abuse of discretion, Herrera v. U.S. Citizenship & Immigration Servs., 571 F.3d 881, 883 (9th Cir. 2009), and the factual question of whether the parties “entered into the qualifying marriage in good faith” for substantial evidence, Damon v. Ashcroft, 360 F.3d 1084, 1088 (9th Cir. 2004). Here, the agency properly concluded that Koth failed to carry her burden…