FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit FOR THE TENTH CIRCUIT September 27, 2019 _________________________________ Elisabeth A. Shumaker Clerk of Court VACHAGAN AKOPYAN; ARMENUHI SIMONYAN, Plaintiffs - Appellants, v. No. 19-1009 (D.C. No. 1:17-CV-01724-RBJ) WILLIAM P. BARR, United States (D. Colo.) Attorney General; KEVIN K. McALEENAN, Acting Secretary of Homeland Security; LEE CISSNA, Director for United States Citizenship and Immigration Services (USCIS); KRISTI BARROWS, District Director for the Denver District Office of USCIS; UNITED STATES DEPARTMENT OF HOMELAND SECURITY; USCIS; CHRISTOPHER A. WRAY, Director of the Federal Bureau of Investigation, Defendants - Appellees. _________________________________ ORDER AND JUDGMENT** In accordance with Rule 43(c)(2) of the Federal Rules of Appellate Procedure, Kevin K. McAleenan is substituted for Kirstjen M. Nielsen as Defendant-Appellee in this action. ** After examining the briefs and appellate record, this panel has determined unanimously to honor the parties’ request for a decision on the briefs without oral argument. See Fed. R. App. P. 34(f); 10th Cir. R. 34.1(G). The case is therefore submitted without oral argument. This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. It may be cited, however, for its persuasive value consistent with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1. _________________________________ Before HOLMES, O’BRIEN, and MATHESON, Circuit Judges. _________________________________ This case arises out of the denial of an I-130 visa petition—a requirement for an alien relative seeking permanent residence or adjustment of status. Armenuhi Simonyan filed an I-130 petition on behalf of her non-citizen husband, Vachagan Akopyan. The United States Citizenship and Immigration Services (USCIS) denied the petition on the grounds that Akopyan had previously entered into a fraudulent marriage to evade the immigration laws. The Board of Immigration Appeals (BIA) affirmed the decision, and the district court affirmed the BIA after Akopyan and Simonyan (Plaintiffs) sought review under the Administrative Procedure Act (APA). Exercising jurisdiction under 28 U.S.C. § 1291, we affirm. BACKGROUND Akopyan entered the United States on a non-immigrant J-1 visa in 2007. On February 25, 2008, Akopyan married United States citizen Chelsea Taylor, who filed an I-130 petition on his behalf on June 22, 2008. Several months later, Taylor and Akopyan appeared for an interview with the USCIS in connection with the processing of their petition. But they divorced on November 9, 2011, before the USCIS issued a decision. On December 29, 2011, Akopyan married Simonyan, and less than three months later, she gave birth to their daughter. On December 18, 2012, Simonyan filed an I-130 petition on Akopyan’s behalf. 2 In May 2013, while both I-130 petitions were still pending, the USCIS interviewed Taylor, who stated, inter alia: (1) she married Akopyan for the sole purpose of him obtaining legal permanent resident status; (2) she was dating someone else at the time of their first USCIS interview; and (3) Akopyan coached her in preparation for that interview. On December 24, 2013, the USCIS denied Taylor’s I-130 petition ...
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