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Evidence Keyed to Allen
United States v. Fomichev
Citation:
899 F.3d 766 (9th Cir. 2018)Facts
Fomichev was born in Russia and came to the United States in 2003 on a student visa. He met Svetlana Pogosyan in 2006, and they married. In 2007, Pogosyan applied for an alien relative visa for Fomichev. The United States Department of Homeland Security found the marriage bona fide, approved the visa, and granted Fomichev conditional residence. Two years later, Fomichev and Pogosyan, with counsel, petitioned to remove the conditions on Fomichev’s residence. The couple attached copies of their jointly filed tax returns to the petition. In 2010, agents of the Internal Revenue Service approached Pogosyan, who gave conflicting answers to the agents’ initial questions about where she and Fomichev lived and about their tax returns, so that agents cautioned her that lying to federal agents is a felony. At that point, Pogosyan stated she wanted to come clean and tell the agents the truth. Fomichev filed a motion to suppress the recordings of his conversations with Pogosyan and Pogosyan’s testimony.
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