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Godfrey v. Lynch

United States Court of Appeals, Eighth Circuit

January 22, 2016

Munna Songe Godfrey, Petitioner
v.
Loretta E. Lynch, United States Attorney General, Respondent

Submitted September 21, 2015

Page 1014

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

For Munna Songe Godfrey, Petitioner: Matthew Lorn Hoppock, HOPPOCK LAW FIRM, LLC, Overland Park, KS.

For Loretta E. Lynch, Respondent: Karen Yolanda Drummond, Carl H. McIntyre, U.S. DEPARTMENT OF JUSTICE, Washington, DC; Norah Ascoli Schwarz, Senior Litigation Counsel, U.S. DEPARTMENT OF JUSTICE, Washington, DC.

Before RILEY, Chief Judge, BYE and GRUENDER, Circuit Judges.

OPINION

Page 1015

BYE, Circuit Judge.

Munna Songe Godfrey petitions for review of the Board of Immigration Appeals' (BIA) decision denying his application for adjustment of status. An immigration judge (IJ) denied Godfrey's application after finding Godfrey intended to represent himself as a United States citizen on an I-9 Employment Eligibility Verification Form. The BIA affirmed. We deny Godfrey's petition for review.

I

Petitioner Munna Godfrey is a 36-year-old native of Tanzania who came to the United States in May 2002 to attend Wichita State University under an F-1 nonimmigrant student visa. Godfrey dropped out of Wichita State in August 2002, but he has remained in the United States since. In 2004 he married Traci Godfrey, with whom he has one biological son and four step-children.

After dropping out of Wichita State, Godfrey attended other colleges and worked at a supermarket and College Hill

Page 1016

Nursing and Rehabilitation Center. Each employer required Godfrey to fill out an I-9 Employment Eligibility Verification form, and each time he filled out the form, Godfrey checked a box indicating he was " a citizen or national of the United States."

In December 2005, Traci Godfrey filed an I-130 Petition for Alien Relative on behalf of her husband, which was approved in September 2006. After the I-130 was approved, Godfrey applied to the United States Citizen and Immigration Service (USCIS) to adjust his status to lawful permanent resident. However, USCIS denied Godfrey's application in October 2006 because he admitted he ...


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