United States District Court, N.D. California, San Jose Division
[Re: Docket Item Nos. 15, 16].
For An Yu, Plaintiff: Justin X. Wang, Trent Goulding, LEAD ATTORNEYS, Baughman & Wang, San Francisco, CA.
For Janet Napolitano, Secretary of the Department of Homeland Security, Alejandro Mayorkas, Director, U.S. Citizenship and Immigration Services, Defendants: James A. Scharf, Office of the United States Attorney, Civil Division, San Jose, San Jose, CA.
ORDER GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT AND DENYING PLAINTIFF'S CROSS-MOTION FOR SUMMARY JUDGMENT
EDWARD J. DAVILA, United States District Judge.
In this action under the Administrative Procedure Act (" APA" ), 5 U.S.C. § 702(2)(A), presently before the Court are Plaintiff Yu An's (" Plaintiff" ) and Defendant Secretary of the Department of Homeland Security, et al.'s (" Defendants" ) cross-motions for summary judgment. See Docket Item Nos. 15, 16.
A. Factual Background
Plaintiff is a naturalized U.S. citizen who has filed a petition for an immigrant visa on behalf of her mother, Zhao Qi Wang (" Ms. Wang" ), under the Immigration and Nationality Act (" INA" ) § 204(a), 8 U.S.C. § 1154(a), by filing a Form I-130, Petition for Alien Relative. Ms. Wang, a Chinese national, was first admitted to the United States on October 9, 1996 as a B-1 nonimmigrant visitor for business. Her B-1 status was extended through July 9, 1997. On June 9, 1997, Ms. Wang petitioned for a change of status to F-1 nonimmigrant student status, which was approved on January 7, 1998.
On May 24, 1998, Ms. Wang married Chao Zhang Huang, a naturalized U.S. citizen. Mr. Huang filed a Form I-130 on behalf of Ms. Wang. At an interview before the U.S. Citizenship and Immigration Services (" USCIS" ) on March 19, 2002 in San Francisco, the agency determined that the marriage was fraudulent. The interview was conducted through an interpreter and consisted of questions regarding Mr. Huang's and Ms. Wang's residency and marriage. Both parties were questioned separately under oath. The USCIS claims that the statements made by Mr. Huang and Ms. Wang were inconsistent, both with each other and with previous statements, self-contradictory, and that both parties admitted in oral statements and written confessions that the marriage was fraudulent. The inconsistent testimony supported the finding of a fraudulent marriage.
According to Mr. Huang's testimony, he had lived in Florida since 1983, he came to California because his son wanted him to
marry Ms. Wang, and he married Ms. Wang to help her stay in the United States. At first, Mr. Huang stated he had never seen Ms. Wang in Florida, but then said he guessed that he had seen her twice in Florida, and also stated that he came with Ms. Wang from Florida for the interview and intended to go back with her. He did not remember the last time they had seen each other and he did not seem to know where Ms. Wang lived or her phone number. Mr. Huang admitted that he and Ms. Wang were not staying with each other during his visit and that they had not slept together.
Ms. Wang stated during her interview that she lived in Napa when she met Mr. Huang, that they had lived together in San Francisco for their first two years of marriage and then moved together to Napa. She also stated that they had both lived in San Francisco for one month after they got married and then moved to Napa and that Mr. Huang had never lived anywhere else. Ms. Wang stated that Mr. Huang went to Florida during Christmas to visit his daughter and that she had gone for a week to visit him. She told the interviewer that Mr. Huang ...