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ONYINKWA v. ASHCROFT

No. 03-2160.

376 F.3d 797 (2004)

Charles Osiemo ONYINKWA, Petitioner, v. John D. ASHCROFT, Attorney General for the United States of America, Respondent.

United States Court of Appeals, Eighth Circuit.

Filed: July 15, 2004.

Attorney(s) appearing for the Case

Barton C. Winter Minneapolis, MN, for petitioner.

Earle B. Wilson, argued, Washington, DC (Peter D. Keisler, Richard M. Evans, and Timothy P. McIlmail, on the brief), for respondent.

Before MURPHY, HEANEY, and MAGILL, Circuit Judges.

MURPHY, Circuit Judge.

Charles Osiemo Onyinkwa's visa petition and application for adjustment of status was denied in 1997 after the Immigration & Naturalization Service (INS) determined that his marriage to a United States citizen was for the purpose of evading the immigration laws. After removal proceedings were instituted, his wife filed a second visa application and Onyinkwa requested a continuance of the proceedings. An immigration judge (IJ) denied a continuance...

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