Abimbola Olujinmi Soremi v. Immigration & Naturalization Service

24 F.3d 249 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Abimbola Olujinmi SOREMI, Petitioner, v. IMMIGRATION & NATURALIZATION SERVICE, Respondent. No. 92-70732. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 11, 1994 Decided April 29, 1994. Before: POOLE, BEEZER and T.G. NELSON, Circuit Judges. 1 MEMORANDUM * 2 Soremi petitions for review the Board of Immigration Appeals' ("BIA") dismissal of her appeal from an Immigration Judge's ("IJ") decision finding her deportable. She contends that the BIA erred by denying her an opportunity to demonstrate that her marriage to a United States citizen was bona fide within the meaning of Sec. 702(c) of the INA, 8 U.S.C. Sec. 1255 (e)(3). Soremi also challenges the constitutionality of former Sec. 204(h) of the INA, 8 U.S.C. Sec. 1154 (h), which imposed a mandatory two-year foreign residency requirement on aliens seeking approval of an adjustment of status petition based on marriage to a United States…