SUGULE v. FRAZIER

No. 10-2129.

639 F.3d 406 (2011)

Abdulaziz M. SUGULE and AMS & Associates, Inc., Appellants, v. Denise FRAZIER, Field Office, District Director, USCIS; Gerard Heinauer, Director, Nebraska Service Center, USCIS; Emilio Gonzales, Director, USCIS; Eric H. Holder, Jr., Attorney General of the United States; Janet Napolitano, Secretary, United States Department of Homeland Security; and Robert S. Mueller, Director, FBI, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: April 4, 2011.


Attorney(s) appearing for the Case

Herbert Igbanugo , argued, Dyan Williams , on the brief, Minneapolis, MN, for appellants.

David W. Fuller , AUSA, on the brief, Minneapolis, MN, for appellees.

Before LOKEN, ARNOLD and BYE, Circuit Judges.


BYE, Circuit Judge.

After the Department of Labor (DOL) had granted an alien employment certification to AMS & Associates, Inc., thereby clearing a path for its employee Abdulaziz Sugule to apply for an immigrant visa, the Department of Homeland Security (DHS) revoked the DOL's certification on the ground of fraud. The DHS based its finding on three documents in which Sugule represented to two private parties he was the sole owner of AMS. For various reasons,...

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