Akumagwula Ugboaku Ugorji v. LORETTA E. LYNCH, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
AKUMAGWULA UGBOAKU UGORJI,
Petitioner,
v.
LORETTA E. LYNCH, Attorney General,
Respondent.
No. 14-70429
Agency No. A089-875-682
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted August 25, 2015**
Before: McKEOWN, CLIFTON, and HURWITZ, Circuit Judges.
Akumagwula Ugboaku Ugorji, a native and citizen of Nigeria, petitions for
review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal
from an immigration judge’s (“IJ”) denial of her application for adjustment of
status. We have jurisdiction under 8 U.S.C. § 1252. We review de novo questions
FILED
SEP 03 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).

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of law. Oropeza-Wong v. Gonzales, 406 F.3d 1135, 1141 (9th Cir. 2005). We
deny the petition for review.
The agency applied the correct legal standard in evaluating whether Ugorji’s
marriage was valid at its inception, see Bark v. INS, 511 F.2d 1200, 1202 (9th Cir.
1975), and the record demonstrates that the IJ conducted a thorough review of the
evidence in determining whether the couple intended to establish a life together at
the time they were married. Nor did the IJ err by inquiring into Ugorji and her
husband’s actions after the marriage, because such actions may “bear on the
subjective intent of the parties at the time they were married.” See Oropeza-Wong,
406 F.3d at 1148.
We find unavailing Ugorji’s contention that the agency’s finding that she
failed to carry her burden in seeking to adjust status based on her marriage to a
United States citizen, see 8 U.S.C. § 1229a(c)(4), was precluded by the agency’s
finding that the Department of Homeland Security did not carry its burden of
establishing her removability based on a fraudulent marriage, 8 U.S.C.
§§ 1227(a)(1)(A), 1229a(c)(3)(A).
PETITION FOR REVIEW DENIED.
14-70429 2

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