Maxwell Abuya v. Jefferson B. Sessions, III

LOKEN, Circuit Judge.

Maxwell Onchonga Abuya, a citizen of Kenya, was admitted to the United States in December 2005 as a nonimmi-grant student. He married April Maldonado, a United States citizen, in October 2006 and dropped out of school in 2007. In July 2007, Maldonado filed a Petition for Alien Relative, Form 1-130, and Abuya filed an Application to Adjust Status, Form 1-485. In August 2012, the Department of Homeland Security (“DHS”) commenced removal proceedings, charging that Abuya (i) failed to maintain his status as a nonimmi-grant student, see 8 U.S.C. § 1227(a)(l)(C)(i); and (ii)…