United States v. Ngige
2015 U.S. App. LEXIS 4233
| 1st Cir. | 2015Background
- Ngige, a Kenyan national, entered the U.S. lawfully but overstayed her visa; she paid a broker (Mbugua) to introduce her to a U.S. citizen (Frank) willing to marry her for money so she could seek lawful residency.
- On January 30, 2004, Ngige and Frank obtained a Maine marriage license falsely stating they cohabited, and later married; Ngige paid Mbugua and paid or reimbursed Frank for some travel to assist with immigration paperwork.
- In March 2004 Ngige filed Form I-485 and an I-130 (the I-130 bore Frank’s forged signature), with supporting documents misrepresenting cohabitation; Frank later withdrew and refused to assist at USCIS interview.
- In January 2006 Ngige filed for divorce; in August 2006 she filed a VAWA I-360 self-petition claiming abuse and submitted prior false supporting documents; USCIS requested further proof.
- On August 6, 2007 Ngige filed a psychological evaluation (dated September 28, 2006) containing material falsehoods about her relationship with Frank; USCIS denied the VAWA petition in November 2007.
- A 2012 indictment charged Ngige with conspiracy to defraud the United States under 18 U.S.C. § 371; she moved to dismiss as time-barred (only the 2007 filing fell within the five-year statute), was tried on stipulated facts, convicted, and appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the indictment was timely under the 5-year statute of limitations | Gov: Indictment alleges conspiracy to use sham marriage and false statements to obtain immigration status; the 2007 psychological evaluation is an overt act in furtherance | Ngige: The conspiracy was limited to ordinary marriage-based I-130/I-485 filings; the VAWA-related filing in 2007 exceeded the conspiracy scope, so statute barred | Affirmed: indictment sufficient; evaluation plausibly furthered the broader conspiracy objective |
| Whether the psychological evaluation was an overt act in furtherance of the conspiracy | Gov: The evaluation contained material falsehoods advancing the objective of obtaining status via sham marriage | Ngige: Submitting the evaluation was a unilateral, post-conspiracy act beyond agreed means | Affirmed: shift to VAWA tactics still in furtherance of the conspiracy goal |
| Whether the conspiracy had terminated before August 2007 (co-conspirator withdrawal) | Gov: No evidence Mbugua withdrew; conspiracy continued | Ngige: Frank withdrew in 2005 and she filed for divorce in 2006, so conspiracy ended | Affirmed: passive or unproven withdrawal insufficient; conspiracy continued absent affirmative withdrawal |
| Sufficiency of evidence for conviction after bench trial on stipulated facts | Gov: Stipulations show agreement, knowing participation, and overt act in 2007 | Ngige: Stipulations do not show agreement to VAWA filing or ongoing conspiracy; argues acquittal warranted | Affirmed: record supports conspiracy, participation, and overt act; conviction upheld |
Key Cases Cited
- Grunewald v. United States, 353 U.S. 391 (conspiracy scope governs duration and whether an act furthers the conspiracy)
- United States v. Stewart, 744 F.3d 17 (First Cir.) (motion-to-dismiss review; indictment need not prove evidence; overt-act timing analyzed)
- United States v. Upton, 559 F.3d 3 (First Cir.) (conspiracy continues while co-conspirators pursue central criminal purposes)
- United States v. Serunjogi, 767 F.3d 132 (First Cir.) (elements of § 371: agreement with unlawful object, knowing participation, overt act)
- United States v. Ciresi, 697 F.3d 19 (First Cir.) (withdrawal requires affirmative disavowal; mere cessation insufficient)