Hang Dinh v. Jefferson B. Sessions
706 F. App'x 887
| 8th Cir. | 2017Background
- Hang Dinh, a Vietnamese citizen, entered the U.S. on a K-1 fiancée visa in November 2003 and married U.S. citizen Xuan Nguyen ten days later.
- Nguyen had previously been married to Trang Pham; both Nguyen and Pham later married siblings (Hang and Tai Dinh) from Vietnam; the siblings’ immigration statuses were connected to K-1 petitions filed in 2002.
- During Dinh’s 2008 naturalization process DHS suspected fraud after Dinh listed a Saint Cloud address but DHS agents believed Nguyen continued to live with his ex-wife Pham at that Saint Cloud residence.
- A DHS fraud-detection officer visited the Saint Cloud home in 2010, observed evidence (Nguyen’s clothes, financial records, family photos, and two cars with personalized plates), and obtained a school record listing the Saint Cloud address.
- DHS charged Dinh with removability for (1) entering into a marriage to procure admission (fraudulent marriage) and (2) willfully misrepresenting a material fact to obtain immigration benefits; after an IJ hearing the BIA affirmed and Dinh petitioned for review.
- The Eighth Circuit denied the petition, holding that substantial evidence supported the agency’s findings that the marriage was fraudulent and that Dinh willfully misrepresented a material fact.
Issues
| Issue | Dinh's Argument | DHS's Argument | Held |
|---|---|---|---|
| Whether the marriage was fraudulent (entered to procure admission) | DHS failed to meet clear-and-convincing evidentiary burden; marriage was bona fide | Evidence (cohabitation indicia, photos, records, timing, out-of-wedlock child) shows no intent to establish life together | Substantial evidence supports finding of fraudulent marriage; removal upheld |
| Whether Dinh willfully misrepresented a material fact to obtain immigration benefits | Dinh did not willfully misrepresent the bona fides of her marriage | Misrepresentation of the marriage’s bona fides was intentional and procured immigration benefit | Court affirms willful misrepresentation finding as supported by evidence |
Key Cases Cited
- Ibrahimi v. Holder, 566 F.3d 758 (8th Cir.) (intent to establish a life together governs fraudulent-marriage inquiry)
- Agha v. Holder, 743 F.3d 609 (8th Cir.) (standard for reversal under substantial-evidence review)
- Ashraf v. Lynch, 819 F.3d 1051 (8th Cir.) (substantial-evidence standard for agency factual findings)
- Abuya v. Sessions, 873 F.3d 650 (8th Cir.) (fraudulent-marriage determinations are factual and reviewed for substantial evidence)