Jenericah Kibe v. Loretta E. Lynch


PER CURIAM OPINION FILED - THE COURT: Raymond W. Gruender, Morris S. Arnold and Bobby E. Shepherd (UNPUBLISHED) [4390584] [15-2186]

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 15-2186 ___________________________ 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Review of an Order of the Board of Immigration Appeals ____________ Submitted: April 18, 2016 Filed: April 21, 2016 [Unpublished] ____________ Before GRUENDER, ARNOLD, and SHEPHERD, Circuit Judges. ____________ 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 Page: 1 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. ______________________________ -2- Appellate Case: 15-2186 Page: 2 Date Filed: 04/21/2016 Entry ID: 4390584

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