NGONGA et al v. SESSIONS et al

Filing 36

MEMORANDUM OPINION. Signed by District Judge Claude M. Hilton on 4/16/2019. (dvanm, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA

Alexandria Division

ERNEST NGONGA, et al..
Plaintiffs,
Civil Action No. l:18-cv-975

V.

KIMBERLY J. ZANOTTI,

Field Office Director,

USCIS Washington Field Office,
et al.,
Defendants.

MEMORANDUM OPINION

Plaintiff Ernest Ngonga filed an 1-130 Immigration Petition
for Alien Relative on behalf of his wife. Plaintiff Danny Fokou.
Defendant, U.S. Citizenship and Immigration Services (USCIS),
denied the Petition under 8 U.S.C. § 1154(c) because it

determined that Ms. Fokou had previously entered a marriage with
Valery Nkwingwah Keyi for the purpose of evading the United
States' immigration laws. Plaintiffs appealed the denial to the
Board of Immigration Appeals (BIA) which affirmed USCIS'
determination. Plaintiffs allege that the denial of the petition
and its affirmance were arbitrary and capricious in violation of
the Administrative Procedure Act (APA). This matter comes before

the Court on the parties' cross Motions for Summary Judgment
(Dkts. 24 & 27).