Bukola Omowole v. Merrick B. Garland

6 F.4th 734
CourtCourt of Appeals for the Seventh Circuit
DecidedJuly 29, 2021
Docket20-2285
StatusPublished
Cited by4 cases

This text of 6 F.4th 734 (Bukola Omowole v. Merrick B. Garland) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bukola Omowole v. Merrick B. Garland, 6 F.4th 734 (7th Cir. 2021).

Opinion

In the

United States Court of Appeals For the Seventh Circuit ____________________ No. 20-2285 BUKOLA LOMI OMOWOLE, Petitioner, v.

MERRICK B. GARLAND, Attorney General of the United States, Respondent.

____________

Petition for Review of an Order of the Board of Immigration Appeals. No. A055-580-956 ____________

ARGUED FEBRUARY 10, 2021 — DECIDED JULY 29, 2021 ____________________

Before MANION, KANNE, and ROVNER, Circuit Judges. ROVNER, Circuit Judge. Bukola Lomi Omowole seeks re- view of an order of the Board of Immigration Appeals sus- taining the findings of two immigration judges that she is both removable from the United States for having procured an entry visa by fraud and not entitled to asylum or withhold- ing of removal. Because the decision of the Board rests on the 2 No. 20-2285

immigration judges’ adverse findings as to Omowole’s credi- bility and that of her ex-husband, and those findings are sup- ported by substantial evidence, we deny the petition for re- view. I. Omowole, a native and citizen of Nigeria, married her first husband, Ayebamileru Festus Omowole (“Festus”), in Janu- ary 2007. Festus had won a diversity lottery visa for admis- sion to the United States in 2006, and Omowole, as his spouse, was eligible for a derivative visa. But by the time the two of them emigrated (separately) to this country in the second half of 2007 they were, by their own account, estranged as a result of Festus’s disclosure that he had fathered a child with an- other woman before he married Omowole. Upon arrival in the United States, Omowole settled in Indiana and Festus in California. The two never cohabited in this country as hus- band and wife. Omowole would later testify that she spoke with her husband on the phone regularly and that she visited him in California for a month. Ultimately, however, they were unable to reconcile, and in 2011, they divorced. Festus subsequently married the mother of his child. When he then attempted to become a naturalized citizen of the U.S., and at the same time sought lawful permanent resi- dent status for his new wife and his child, the U.S. Citizenship and Immigration Service (“USCIS”) began to investigate whether his marriage to Omowole had been a sham entered into for the purpose of facilitating her entry into the United States. USCIS officer Nai Saelee, of the Fraud Detection and National Security Unit, interviewed Festus in 2013, challeng- ing him persistently as to whether the marriage to Omowole was genuine. Festus ultimately admitted that it was not and No. 20-2285 3

executed an affidavit to that effect. 1 Saelee subsequently pre- pared a statement of findings summarizing the interview, Festus’s admission, and the affidavit. Based on those findings, the USCIS concluded that the marriage was a sham and that Omowole had procured her entry visa by fraud. Festus and Omowole were both placed in removal proceedings. 2 Judge Vinikoor conducted an evidentiary hearing on Omowole’s removal at which Omowole, Festus, Omowole’s brother, and officer Salee testified. Omowole recounted the circumstances of her marriage and her emigration to the United States: She met Festus in her hometown in Ile-Oluji, Nigeria in February of 2006. They ex- changed phone numbers and dated telephonically in the en- suing months because he lived two and half hours away in Lagos. After three months, they became engaged, and they were married before a judge in January 2007, eleven months after they first met. Their mothers attended the wedding along with other family members. The couple consummated the marriage, and Omowole relocated to Lagos to live with Festus in his apartment there. She did not learn of Festus’s plan to relocate to the United States, or her own eligibility for a visa as his wife, until after the marriage. She also did not

1 After reviewing an unofficial transcript of the interview (submitted by Omowole and admitted into evidence) and hearing testimony concerning what transpired during the interview, the immigration judge observed, “[A]pparently the officer kept on saying he wasn’t going to take, he didn’t believe [Festus] when he said it wasn’t a sham marriage. And he kept pressing, … [Festus]. He kept pressing and pressing. Tell me the truth. Tell me, you know, and then eventually there was an admission. …” A.R. 327. 2 Although the government has continued to pursue Omowole’s removal,

we are advised that Festus is no longer in removal proceedings. 4 No. 20-2285

know, until about a month after the wedding, that Festus had fathered a child with another woman. By the time they re- ceived their visas for entry into the United States, Omowole had surmised that Festus was still in a relationship with the mother of his child. The two quarreled and the marriage fal- tered. They traveled separately to the United States and lived apart on arrival: Omowole settled in Indianapolis with her brother and Festus shared an apartment with a friend in Sac- ramento, where members of his family lived. According to Omowole, she visited Festus for a month in California, but they did not get along. She returned to Indiana and did not see him again over the course of the next three years, although she said they spoke by phone regularly. Ultimately, in 2011, they divorced. Omowole acknowledged that her brother had sent Festus and her some money on two occasions—first when they were planning their wedding, and then again after they received their visas and were relocating to the United States—but she denied having offered Festus any money in exchange for her derivative visa. Omowole’s brother, Kehinde Akindele, testified that he emigrated to the U.S. from Nigeria in 2010, several years after his sister did. (He too won a lottery for a diversity visa.) Akindele was aware of the circumstances of Omowole’s mar- riage to Festus and believed the marriage to be genuine. He had met Festus in September 2006 when Festus was dating his sister, and the two became friends and socialized. Omowole and Festus were married in court, and Akindele was among the family members who attended the wedding. According to Akindele, Omowole and Festus lived together for eight months in Lagos. He confirmed, however, that the couple No. 20-2285 5

never lived together in the United States, explaining that they had had a falling out once Omowole learned about Festus’s child. Omowole told him that she did visit Festus in Califor- nia on one occasion. Officer Saelee gave testimony concerning the USCIS inves- tigation into the marriage and Festus’s admission that the marriage was a sham. The marriage was flagged for inquiry based on the issuance of their entry visas and their emigration to the United States shortly after they were married, coupled with the fact that they never lived together in this country. Adding to the suspicion were the immediate relative petitions that Festus subsequently filed on behalf of his son and the child’s mother: Festus had not disclosed the existence of his child during his initial immigrant visa interview in 2007. When Saelee interviewed Festus in February 2013, Festus ini- tially denied that his marriage to Omowole was a sham, but he ultimately confessed that he entered into the marriage for the purpose of facilitating her entry into the United States. He told Saelee that after he won the lottery for a diversity visa, he was approached several times at work by two men who pro- posed that, in exchange for reimbursement of his visa fees, he marry someone who would then accompany him to the United States. Festus acknowledged that he was compensated for his visa fees. At the conclusion of the interview, he com- pleted a form affidavit attesting to the sham nature of the mar- riage. 3 Saelee denied having made any promises or threats to Festus.

3 The affidavit comprised a pre-printed form on which Festus answered various questions in his own hand.

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Bluebook (online)
6 F.4th 734, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bukola-omowole-v-merrick-b-garland-ca7-2021.