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Mayemba v. Holder

United States Court of Appeals, Eighth Circuit

January 13, 2015

Cyprian Mayemba, Petitioner
v.
Eric H. Holder, Jr., Attorney General of the United States, Respondent; Cyprian Mayemba, Petitioner
v.
Eric H. Holder, Jr., Attorney General of the United States, Respondent

Submitted November 12, 2014

Petition for Review of an Order of the Board of Immigration Appeals.

For Cyprian Mayemba, Petitioner (13-1558): David K. Link, GRAGERT & LINK, Wichita, KS.

For Eric H. Holder, Jr., Attorney General of the United States, Respondent (13-1558, 13-2469): Rachel Louise Browning, Karen Yolanda Drummond, Virginia Lum, Carl H. McIntyre, Jane Tracey Schaffner, U.S. DEPARTMENT OF JUSTICE, Civil Division, Office of Immigration Litigation, Washington, DC.

For Cyprian Mayemba, Petitioner (13-2469): David K. Link, GRAGERT & LINK, Wichita, KS.

Before BYE, SHEPHERD, and KELLY, Circuit Judges.

OPINION

Page 543

BYE, Circuit Judge.

Cyprian Mayemba petitions for review of the decision of the Board of Immigration Appeals (" BIA" ) finding him removable and inadmissible based on his representation of United States citizenship in a Form I-9 employment verification form and the BIA's denial of his motion for reconsideration. We deny the consolidated petitions for review.

Mayemba is a native and citizen of Tanzania. He came to the United States on January 6, 2001, under an F-1 nonimmigrant, student visa to pursue his education

Page 544

at Wichita State University in Wichita, Kansas. Unfortunately, after the unexpected death of his father, Mayemba was unable to afford enrolling at Wichita State. He remained in the country, however, and, on April 13, 2004, he married NaCeea Johnson (now Mayemba). Soon after, they had a child, and Mrs. Mayemba filed a family-based, immediate-relative I-130 visa petition on behalf of Mayemba. Mayemba simultaneously filed an I-485 application to adjust his status. The I-130 petition was approved; however, United States Citizenship and Immigration Services denied the I-485 application, finding Mayemba to be inadmissable based on a prior false claim of United States citizenship in a June 2001 application for admission to a technical college.

On June 1, 2009, the Department of Homeland Security (" DHS" ) issued a Notice to Appear to Mayemba, charging him with removability under 8 U.S.C. § § 1227(a)(3)(D) and 1227(a)(1)(C)(i). As ...


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