Onyeagoro

Onyeagoro v. Holder

Good Law
310 F. App'x 986
United States Court of Appeals for the Ninth CircuitFebruary 4, 2009No. 05-71804California381 words

Opinion

Lead Opinion

MEMORANDUM **

Petitioner Anthony Onyeagoro, a native and citizen of Nigeria, petitions for review from a decision of the Board of Immigration Appeals, which found that Petitioner attempted to obtain an immigration benefit by fraud or wilful misrepresentation of a material fact and was therefore inadmissible and removable under 8 U.S.C. § 1227 (a)(1)(A). Reviewing de novo the BIA’s finding, Chavez-Perez v. Ashcroft, 386 F.3d 1284, 1287 (9th Cir.2004), we deny the petition.

Title 8 U.S.C. § 1182 (a)(6)(C)(i) states that, “[i]n general[,] [a]ny alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the Unit *988 ed States ... is inadmissible.” Petitioner argues that he is not subject to § 1182(a)(6)(C)® because he did not marry a United States citizen to procure admission as an immigrant. The record supports the BIA’s finding to the contrary.

Petitioner married a United States citizen in May 1992. He then filed an application to adjust his status to that of a lawful permanent resident on July 13, 1992, based on that marriage. In his application, Petitioner stated…

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