DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
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203088P.pdf 03/11/2022 Simon Osagi Iyawe v. Merrick B. Garland
U.S. Court of Appeals Case No: 20-3088
U.S. District Court for the District of Minnesota
[PUBLISHED] [Kelly, Author, with Colloton and Shepherd, Circuit Judges]
Civil Case - Petition for Alien Relative. Alicia Iyawe appeals from the
denial of her I-130 Petition for Alien Relative on behalf of her husband,
Simon, a citizen of Nigeria. Four prior I- 130 petitions filed by two
former spouses were denied based on determinations that the marriages were
for the purposes of evading immigration laws and thus fraudulent. Alicia's
petition was thus denied. The Board of Immigration Appeals affirmed on
appeal. On review in district court under the Administrative Procedures
Act, the agency's decision was neither arbitrary, capricious or an abuse
of discretion. The government gave adequate consideration to the evidence
in the record and reasonably gave greater weight to some evidence. There
was no clear error of judgment in the BIA's final determination that there
was substantial and probative evidence of marriage fraud.