Aoua Overton v. Jefferson Sessions, III ( 2018 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS OCT 17 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
AOUA NATOMA OVERTON, No. 15-72566
16-70620
Petitioner,
Agency No. A096-433-169
v.
JEFFERSON B. SESSIONS III, Attorney MEMORANDUM*
General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted October 15, 2018**
San Francisco, California
Before: HAWKINS and HURWITZ, Circuit Judges, and ROSENTHAL,***
District Judge.
Aoua Natoma Overton, a native and citizen of Mali, married Clark Overton in
February 2007, and subsequently obtained conditional permanent residency. The
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
***
The Honorable Lee H. Rosenthal, Chief United States District Judge
for the Southern District of Texas, sitting by designation.
spouses could have later petitioned jointly to remove the condition on Ms. Overton’s
residency. 8 U.S.C. § 1186a(c)(1), (d)(2)(A); 8 C.F.R. § 216.2(b). But, in April
2009, they divorced, and Ms. Overton could not then remove the condition absent
waiver of the joint petition requirement. 8 U.S.C. § 1186a(c)(1), (c)(4); 8 C.F.R.
§ 216.5(a)(1).
An immigration judge (“IJ”) denied Ms. Overton’s application for the waiver
and her alternative request for voluntary departure, and ordered her removed. The
Board of Immigration Appeals (“BIA”) dismissed her appeal and subsequently
denied her motion to reopen. We have jurisdiction over her petitions for review from
those BIA decisions under 8 U.S.C. § 1252 and deny the petitions.
Substantial evidence supported the IJ’s finding that Ms. Overton did not enter
her marriage to Clark in good faith. See Oropeza-Wong v. Gonzales, 406 F.3d 1135,
1147 (9th Cir. 2005) (noting standard of review); 8 U.S.C. § 1186a(c)(4)(B); 8
C.F.R. § 216.5(a)(1)(ii). Most significantly, Ms. Overton had a total of eight
children with another man before, during, and after her marriage to Clark. We lack
jurisdiction to review the IJ’s denial of voluntary departure. Oropeza-Wong, 406
F.3d at 1141.
The BIA did not abuse its discretion in determining that Ms. Overton’s motion
to reopen offered no previously unavailable material evidence to support a purported
fear of persecution if removed to Mali. See Najmabadi v. Holder, 597 F.3d 983, 986
2
(9th Cir. 2010) (noting standard of review).
PETITIONS DENIED.
3