Case: 17-14517 Date Filed: 10/17/2018 Page: 1 of 7 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 17-14517 Non-Argument Calendar ________________________ D.C. Docket No. 3:14-cv-01211-MMH-MCR SIGITAS BRINKLYS, AURELIJA CARUSO, Plaintiffs-Appellants, versus JEH JOHNSON, Secretary, Department of Homeland Security, U.S. ATTORNEY GENERAL, LEON RODRIGUEZ, Director, Citizenship and Immigration Services, JUAN P. OSUNA, Director, Executive Office for Immigration Review, SECRETARY JOHN F. KELLY, Defendants-Appellees. ________________________ Appeal from the United States District Court for the Middle District of Florida ________________________ (October 17, 2018) Case: 17-14517 Date Filed: 10/17/2018 Page: 2 of 7 Before ED CARNES, Chief Judge, BRANCH, and FAY, Circuit Judges. PER CURIAM: Sigitas Brinklys and Aurelija Caruso appeal the district court’s denial of their motion to vacate its earlier order granting summary judgment to the government. I. Aurelija Caruso and Raimondas Kalinauskas arrived in the United States as Lithuanian citizens in 2000 on visitor’s visas with permission to stay for six months.1 They listed the same intended address on their visa applications. In 2003 Aurelija married United States citizen Frank Caruso and, one month after that, Kalinauskas married United States citizen Luzmaria Martinez. 2 Frank and Martinez both filed petitions seeking immigrant visas for their new spouses on the same day. But Frank and Aurelija divorced before the United States Citizenship and Immigration Service (CIS) could make a decision about Frank’s petition. Aurelija married Sigitas Brinklys in 2007, two months after divorcing Frank. A few months later, Brinklys, like Frank, filed a petition seeking an immigrant visa for Aurelija. The CIS reviewed Brinklys’ petition and issued him a notice stating 1 We previously set forth the facts of this case in our decision affirming the district court’s grant of summary judgment to the government, see Brinklys v. Sec’y, Dep’t of Homeland Sec., 702 F. App’x 856 (11th Cir. 2017) (unpublished), so we will recount only the facts essential to this appeal. 2 We will refer to Aurejlia Caruso and Frank Caruso by their first names because the two share the same last name. 2 Case: 17-14517 Date Filed: 10/17/2018 Page: 3 of 7 that it intended to deny his petition based on its finding that Aurelija married Frank in 2003 to evade immigration laws. In its notice the CIS explained how it arrived at that finding. During their 2005 interview with the CIS, for example, Aurelija and Frank had claimed that they lived together in Plainfield, Illinois and presented identification cards reflecting the same address. Frank’s card, however, was issued only three days before the interview. The same year Frank’s mother told United States Immigrations and Customs Enforcement investigators that Frank was unmarried and that he lived in an apartment in Carol Stream, Illinois, which his lease agreement verified. The CIS pointed to property records showing that Aurelija and Kalinauskas purchased the Plainfield property as husband and wife with ownership rights as joint tenants. It also noted that Martinez, Kalinauskas’ wife and a United States citizen, admitted that her marriage to Kalinauskas was ...
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