Seghal v. Johnson

105 F. Supp. 3d 860, 2015 WL 2330225
CourtDistrict Court, N.D. Illinois
DecidedMay 14, 2015
DocketCase No. 13 C 8576
StatusPublished
Cited by4 cases

This text of 105 F. Supp. 3d 860 (Seghal v. Johnson) is published on Counsel Stack Legal Research, covering District Court, N.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Seghal v. Johnson, 105 F. Supp. 3d 860, 2015 WL 2330225 (N.D. Ill. 2015).

Opinion

MEMORANDUM OPINION AND ORDER

John Robert Blakey, United States District Judge

Plaintiffs Ankush Seghal and Mohit Seghal seek to have this Court reverse the Board of Immigration Appeals’ June 7, 2013 decision denying the Form 1-130 Petition for Alien Relative filed by Ankush, an American citizen, on behalf of her husband Mohit, an Indian citizen. Defendants, principally, officers at the United States Citizenship and Immigration Services (“USCIS”) and the United States Department of Homeland Security, seek to affirm the underlying decision.

Form 1-130 is meant to assist relatives of American citizens immigrate to the United States. There is no present dispute that Mohit and Ankush entered into a bona fide iharriage: The Board instead denied the Form 1-130 on other grounds, that is, there was substantial and probative [863]*863evidence that Mohit had entered into a sham marriage with his first wife, Renee Miller — another American citizen who also filed Form I-130s on behalf of Mohit. Under 8 U.S.C. § 1154(c), no Form 1-130 can be approved if the beneficiary has ever sought immigration benefits based on a sham marriage. That is the situation here.

The parties have cross-moved for summary judgment [28][29]. This Court grahts Defendants’ motion [28] and denies Plaintiffs’ motion [29].

I. Legal Standards

A. Administrative Standard and Burden of Proof

When an American citizen marries a non-citizen, the couple can file a Form I-130 to petition the government to recognize the non-citizen as a legal permanent resident. The couple has the burden to persuade the government that they intended to establish a life together when they married. Matter of- McKee, 17 I. & N. Dec. 332, 334-35 (BIA 1980).

Separate from the couple’s burden, the government must deny the petition if it finds that the non-citizen ever entered into a sham marriage. All prior marriages can be considered, and if the government finds that any one of them is fraudulent, the beneficiary is forever barred from receiving immigration benefits through marriage. 8 U.S.C. § 1154(c); 8 C.F.R. § 204.2(a)(l)(ii); see also Ogbolumani v. Napolitano, 557 F.3d 729, 736- (7th Cir.2009). That is a statutory bar that cannot be avoided. Ogbolwmani 557 F.3d at 733.

The burden initially is on the government. The government must find “substantial and probative evidence” that the marriage was a sham from its inception. 8 C.F.R. § 204.2(a)(1)(h). The government may look at all relevant evidence, including evidence originating from the agency’s prior dealings with the beneficiary. 8 C.F.R. § 204.2(a)(1)(h); see also Matter of Tawfik, 20 I. & N. Dec. 166, 167-68 (BIA 1990). The beneficiary need not have been prosecuted or convicted of marriage fraud. 8 C.F.R. § 204.2(a)(1)(h). If the government identifies substantial and probative evidence of marriage fraud, then the burden shifts to the couple to show otherwise. Matter of Kahy, 19 I. & N. Dec. 803, 806-07 (BIA 1988).

B. Standard of Review in this Court

' The Administrative Procedure Act governs this Court’s review of a final decision by the Board of Immigration Appeals. 5 U.S.C. §§ 702, 704. Under the Act, this Court’s review is limited to the Administrative Record [20] (and, for this reason, this Court finds Defendants’ failure to submit a statement of facts to be a harmless mistake, at worst). 5 U.S.C. §•706. This Court may reverse the Board’s decision under limited circumstances, such as where the decision is arbitrary and capricious or without observance of procedure required by law. 5 U.S.C. § 706(2); Mt. Sinai Hospital Medical Center v. Shalala, 196 F.3d 703, 708 (7th Cir.1999). These are demanding standards! So long as a reasonable mind could find adequate support for the administrative decision, it is not arbitrary or capricious. Ogbolwmani 557 F.3d at 733; Mt. Sinai Hospital Medical Center, 196 F.3d at 708-09. The decision need not be compelling or even convincing to be sufficient. Ogbolwmani 557 F.3d at 735; Ghaly v. Immigration and Naturalization Service, 48 F.3d 1426, 1430-31 (7th Cir.1995).

II. Facts

A. The Two Marriages

- Mohit is an Indian citizen who entered the United States on September 10, 2000 on a B-2 visitor’s visa. Administrative [864]*864Record (“AR”) at 0097. This action concerns Mohit’s marriages to two American citizens and corresponding efforts to obtain a green card.

On June 26, 2003, Mohit married Renee Miller (who will be called Renee for clarity because she took Mohit’s last name during their marriage). AR at 0185. Later that summer, on August 22, Renee filed a Form 1-130 on behalf of Mohit. AR at 0069-70, 0088. On February 2, 2005, Mohit and Renee appeared for an interview in connection with the Form 1-130. AR at 0088, 0093. Also while the Form 1-130 was pending, the couple submitted extensive evidence of their purported marriage, including TCF Bank statements and two affidavits from Mohit’s mother dated February 1, 2005 and January 11, 2006. AR at 0089-90.

USCIS denied the Form 1-130 on November 17, 2005. AR at 0088. The notice denying the Form 1-130 stated that Renee claimed to be living in Mohit’s parent’s house until June 3, 2005. AR at 0088, 0093. Yet when an investigator called the house on March 16, 2005, Mohit’s mother answered and stated, according to the notice, that “she had no idea where you [Renee] were and did not have a contact number for you.” AR at 0088. Renee appealed the denial. AR at 0088. Yet the appeal was rendered moot when Mohit and Renee divorced on July 31, 2008. AR at 0088.

While the appeal from the first Form I-130 was pending, on October 26, 2006, Renee filed a second Form 1-130 on behalf of Mohit. AR at 0071-72, 0088. The same day, Mohit filed a corresponding Form I-485 to change his residence status. AR at 0088. In connection with the second Form 1-130, on February 12, 2007, Mohit and Renee appeared for an interview and gave their shared address as 1004 West Euclid Avenue, Arlington Heights, Illinois. AR at 0088.

Sometime in late 2007 (the exact date is redacted from the Administrative Record), Renee gave birth to a child. AR at 0089, 0091. Mohit is not the father. AR at 0091 n.3, 0185, 0247.

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Bluebook (online)
105 F. Supp. 3d 860, 2015 WL 2330225, Counsel Stack Legal Research, https://law.counselstack.com/opinion/seghal-v-johnson-ilnd-2015.