NOT RECOMMENDED FOR PUBLICATION File Name: 19a0222n.06 No. 18-3567 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT FILED MIZANUR RAHMAN SIKDER, ) Apr 29, 2019 ) DEBORAH S. HUNT, Clerk Petitioner, ) ) v. ) ON PETITION FOR REVIEW ) FROM THE UNITED STATES WILLIAM P. BARR, Attorney General, ) BOARD OF IMMIGRATION ) APPEALS Respondent. ) ) BEFORE: SUHRHEINRICH, THAPAR, and LARSEN, Circuit Judges. SUHRHEINRICH, Circuit Judge. Mizanur Rahman Sikder is a native and citizen of Bangladesh. He came to the United States as a temporary worker in November 1991 and became a conditional permanent resident in August 2008 after his marriage to a United States citizen. An Immigration Judge (“IJ”) ordered him to be removed from the country because the marriage was a sham. The Board of Immigration Appeals adopted the IJ’s decision and dismissed Sikder’s appeal. We DENY Sikder’s petition for review of those decisions. I. Sikder and Mokhlesina Lebu (“Ms. Lebu”), a United States citizen, were married from May 14, 2007 to February 23, 2010. Based on their marriage, Sikder received conditional permanent resident status in August 2008. However, in October 2009, Ms. Lebu reported Sikder to Citizenship & Immigration Officer Stephen Lewis after she became suspicious that her marriage was a sham. No. 18-3567, Sikder v. Barr Ms. Lebu explained to Officer Lewis that she first contacted Sikder after seeing an ad in a Bengali newspaper about a man looking for a wife. They began their relationship over the phone while Ms. Lebu lived in Michigan and Sikder lived in New York. They were married in Michigan, but Sikder stayed with Ms. Lebu for only two or three days after their wedding, and then returned to New York while Ms. Lebu remained in Michigan. Sikder would return every month or so and stay for two or three days at a time. Ms. Lebu’s suspicions arose in April 2009 when Sikder failed to come home to take care of her after she suffered injuries in a car accident that required her to be bedridden for four months. She traced his phone number to an address on Elmhurst Avenue in New York, different than the address he had given her. She sent a friend to New York to investigate, and the friend reported that Sikder was living in an apartment at the Elmhurst Avenue address with another woman. Ms. Lebu believed Sikder was living with Rafeza Parveen, his ex- wife from Bangladesh. She was right. Officer Lewis ordered CIS officials in New York to conduct a site visit to the Elmhurst Avenue apartment, where they found Parveen living with her son, Ziaur Rahman. Rahman told the United States Citizenship and Immigration Services (“USCIS”) officials that Sikder was his father, and there was a framed picture of Sikder on the wall. A worker in the management office and the building superintendent both confirmed that Sikder was living with Parveen and Rahman. Four-and-a-half months after Ms. Lebu’s report to Officer Lewis, she and Sikder were divorced. Despite the ...
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