Appellate Case: 21-9514 Document: 010110617932 Date Filed: 12/13/2021 Page: 1 FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit FOR THE TENTH CIRCUIT December 13, 2021 _________________________________ Christopher M. Wolpert Clerk of Court FOLARIN HENRY ALABI, Petitioner, v. No. 21-9514 (Petition for Review) MERRICK B. GARLAND, United States Attorney General, Respondent. _________________________________ ORDER AND JUDGMENT* _________________________________ Before HOLMES, PHILLIPS, and EID, Circuit Judges. _________________________________ Folarin Henry Alabi, a native and citizen of Nigeria, petitions for review of the Board of Immigration Appeals’ (BIA) decision that affirmed the immigration judge’s (IJ) discretionary denial of his request for a waiver of the joint-filing requirement to remove * After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist in the determination of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore ordered 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 This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.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. Appellate Case: 21-9514 Document: 010110617932 Date Filed: 12/13/2021 Page: 2 the conditions of his status as a permanent resident under 8 U.S.C. § 1186a(c)(4)(A). We dismiss the petition for lack of jurisdiction. I. BACKGROUND Mr. Alabi entered the United States with a student visa in February 2008. He married Kimberly Straughter, a U.S. citizen, in March 2009. On August 6, 2010, Mr. Alabi adjusted his status to that of a conditional permanent resident for a two-year period under 8 U.S.C. § 1186a(a)(1). In June 2012, Mr. Alabi and Ms. Straughter filed with the United States Citizenship and Immigration Services (USCIS), a joint petition to remove the conditions of his residence under 8 U.S.C. § 1186a(c)(1). Ms. Straughter, however, failed to appear for her scheduled interview with USCIS in May 2013; instead, several weeks later, she sent a letter withdrawing her support for the petition. Specifically, Ms. Straughter represented that she and Mr. Alabi “had not been living as husband and wife since October 2010,” and she “filed for divorce [in] August 2011.” Admin. R. at 1065 (capitalization altered). She further stated that Mr. Alabi “married [her] for imm[i]gration only and he refuse[d] to divorce [her] because of it.” Id. (capitalization altered). She believed “he also may have signed [her] name on the final paperwork.” Id. (capitalization altered). The record reflects that their divorce was finalized in July 2013. On October 7, 2013, USCIS issued Mr. Alabi a “Notice of Termination of Conditional Residence” on the grounds that he no longer had a properly filed joint petition as required under 8 C.F.R. § 216.4(a)(6). Admin. R. at 1091. Additional problems for Mr. Alabi arose in November 2015, when he was charged in a two-count federal indictment with conspiracy to commit marriage fraud and aiding 2 Appellate Case: 21-9514 Document: 010110617932 Date Filed: 12/13/2021 Page: 3 …
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