Maxwell Abuya v. Jefferson B. Sessions, III, 873 F.3d 650

Abuya, a Kenyan national admitted as a nonimmigrant student in 2005, married U.S. citizen April Maldonado in October 2006 and later stopped attending school.
Maldonado filed an I-130 and Abuya filed an I-485; DHS initiated removal in 2012 charging failure to maintain student status (conceded) and marriage fraud to obtain immigration benefits (contested).
USCIS fraud investigators interviewed the couple, visited Abuya’s residence, and found inconsistencies: Maldonado’s state benefit applications listed her as unmarried and living elsewhere and did not list Abuya; police/school records tied Maldonado to a different partner/address.
Investigators observed limited evidence of cohabitation (one sweater) and testimony that Maldonado had left Abuya years earlier; Maldonado did not appear at the hearing and later withdrew the I-130.
The IJ found DHS witnesses credible and Abuya’s testimony not credible, concluding the marriage was entered into to procure an immigration benefit; the BIA affirmed. Abuya petitioned for review.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether DHS proved marriage fraud under 8 U.S.C. § 1182(a)(6)(C)(i) (removability under § 1227(a)(1)(A))	DHS: documentary and investigator testimony show the couple did not intend to establish a life together at marriage	Abuya: evidence is scant of intent at marriage; post-marriage separation and benefit applications show other fraud but not necessarily marriage fraud; IJ improperly credited investigators over him	Court held DHS met its clear-and-convincing burden; IJ credibility findings supported by record, so substantial-evidence review affirms removability.

Nguyen v. Mukasey, 522 F.3d 853 (8th Cir. 2008) (jurisdictional principle allowing review of contested removability ground despite concession on another ground)
Ibrahimi v. Holder, 566 F.3d 758 (8th Cir. 2009) (test for fraudulent marriage: intent not to establish a life together at time of marriage)
Wen Yuan Chan v. Lynch, 843 F.3d 539 (1st Cir. 2016) (substantial-evidence standard governs review of factual marriage findings)
Vladimirov v. Lynch, 805 F.3d 955 (10th Cir. 2015) (fraudulent marriage is basis for inadmissibility/removability)
Abdulahad v. Holder, 581 F.3d 290 (6th Cir. 2009) (marriage fraud is a factual question reviewed for substantial evidence)
Agyei v. Holder, 729 F.3d 6 (1st Cir. 2013) (same)
Fofanah v. Gonzales, 447 F.3d 1037 (8th Cir. 2006) (deference to IJ credibility findings when supported by specific, cogent reasons)