Jenericah Kibe v. Loretta E. Lynch

Filing

PER CURIAM OPINION FILED - THE COURT: Raymond W. Gruender, Morris S. Arnold and Bobby E. Shepherd (UNPUBLISHED) [4390584] [15-2186]

United States Court of Appeals
For the Eighth Circuit
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No. 15-2186
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Jenericah Kibe
lllllllllllllllllllllPetitioner
v.
Loretta E. Lynch, The Attorney General of United States
lllllllllllllllllllllRespondent
____________
Petition for Review of an Order of the
Board of Immigration Appeals
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Submitted: April 18, 2016
Filed: April 21, 2016
[Unpublished]
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Before GRUENDER, ARNOLD, and SHEPHERD, Circuit Judges.
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PER CURIAM.
After an immigration judge denied Kenyan citizen Jenericah Mugure Kibe
asylum, withholding of removal, adjustment of status, and other asylum relief, she
moved to reopen the proceedings in order to apply for adjustment of status based on
a third alien-relative visa petition filed by her United States citizen husband. The
immigration judge denied the motion, the Board of Immigration Appeals (BIA)

Appellate Case: 15-2186

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Date Filed: 04/21/2016 Entry ID: 4390584

dismissed Ms. Kibe’s ensuing appeal, and Ms. Kibe now petitions for review of the
BIA’s order. After careful review, we conclude that the BIA acted within its
discretion in dismissing the appeal. See Martinez v Lynch, 785 F.3d 1262, 1264-65
(8th Cir. 2015) (standard of review); Miah v. Mukasey, 519 F.3d 784, 789-90 (8th
Cir. 2008) (BIA did not abuse discretion in denying motion to reopen based on, inter
alia, insufficient evidence of bona fides of alien’s marriage and timing of marriage).
Accordingly, we deny the petition.
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Appellate Case: 15-2186

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Date Filed: 04/21/2016 Entry ID: 4390584