Mohammed Samad v. U.S. Attorney General


USCA11 Case: 21-10157 Document: 45-1 Date Filed: 02/06/2023 Page: 1 of 8 [DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 21-10157 Non-Argument Calendar ____________________ MOHAMMED SAMAD, Petitioner, versus U.S. ATTORNEY GENERAL, Respondent. ____________________ Petition for Review of a Decision of the Board of Immigration Appeals Agency No. A096-650-265 ____________________ USCA11 Case: 21-10157 Document: 45-1 Date Filed: 02/06/2023 Page: 2 of 8 2 Opinion of the Court 21-10157 Before JORDAN, BRANCH, and EDMONDSON, Circuit Judges. PER CURIAM: Mohammed Samad (“Petitioner”), a native of the United Arab Emirates and a citizen of Bangladesh, petitions for review of a final order of the Board of Immigration Appeals (“BIA”) affirming the decision of the Immigration Judge (“IJ”). The IJ’s decision de- nied Petitioner’s motion for a continuance of his removal proceed- ings. 1 No reversible error has been shown; we deny the petition. I. Petitioner entered the United States on a visitor’s visa in 2001. Petitioner later adjusted his status to a nonimmigrant stu- dent in May 2004. In May 2005, Petitioner married his first wife (S.B.), a United States citizen. Based on this marriage, S.B. filed an I-130 visa peti- tion on Petitioner’s behalf in October 2005. In August 2006, Peti- tioner contacted the United States Department of Homeland Secu- rity (“DHS”) and reported that S.B. was trying to extort him for money in exchange for pursuing the I-130 visa petition. Petitioner said S.B. moved out of their marital home and had been living with her boyfriend since September 2005: an event that occurred before 1 The IJ also denied Petitioner’s application for cancellation of removal. Peti- tioner raised no challenge to that denial either in his administrative appeal to the BIA or in this appeal. That ruling is not before us. USCA11 Case: 21-10157 Document: 45-1 Date Filed: 02/06/2023 Page: 3 of 8 21-10157 Opinion of the Court 3 S.B. filed the I-130 visa petition on Petitioner’s behalf. S.B. later withdrew her visa petition. In April 2010, DHS first initiated removal proceedings against Petitioner by issuing Petitioner a Notice to Appear. The following month, Petitioner married his second wife (R.M.). In July 2010, R.M. filed an I-130 visa petition on Petitioner’s behalf. R.M. later withdrew the visa petition in February 2012. In a written statement, R.M. said Petitioner married her only to obtain perma- nent residency. R.M. also said that she was offered -- and declined to accept -- money in exchange for staying married to Petitioner. Petitioner and R.M. divorced in August 2012. Less than three weeks after his divorce from R.M., Petitioner married his current wife (A.B.), also a United States citizen. A.B. filed an I-130 visa petition on Petitioner’s behalf in October 2012. In March 2014, DHS -- pursuant to 8 U.S.C. § 1154(c) -- denied A.B.’s visa petition for failure to demonstrate the legal validity and bona fides of the claimed marriage. Never did A.B. appeal that denial. Instead, in July 2015 -- over a year after A.B.’s first I-130 …

Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals