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Keywords

divorceimmigration lawvisadeportationcredibility
divorceimmigration lawvisadeportation

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Vasquez-Mondragon v. Immigration and Naturalization Service

Facts

Petitioner, a citizen of Mexico, unlawfully entered the United States. Immigration authorities gave him the privilege of voluntary departure in lieu of deportation. One day before the deadline for his departure, he married a United States citizen. The married couple never lived together. Petitioner's wife filed for divorce while petitioner was still in Mexico. One month later, petitioner was granted an immigrant visa on the basis of his marriage. He failed to disclose the pending divorce. A little more than one month after petitioner entered the United States, his marriage was annulled.

Petitioner, a citizen of Mexico, unlawfully entered the United States. Immigration authorities gave him the privilege of voluntary departure in lieu of deportation. One day before the deadline for his departure, he married a United States citizen. The married couple never lived together. Petitioner's wife filed for divorce while petitioner was still in Mexico. One month later, petitioner was granted an immigrant visa on the basis of his marriage. He failed to disclose the pending divorce. A little more than one month after petitioner entered the United States, his marriage was annulled.

Issue

Did the government prove the existence of a fraudulent marriage and misrepresentation of a material fact in the visa application?

Did the government prove the existence of a fraudulent marriage and misrepresentation of a material fact in the visa application?

Rule

Under 8 U.S.C.A. 1251(c)(1) (1970), a prima facie case of deportability is established if an alien secures entry into the United States on the basis of a marriage which is terminated within two years of the time of entry.

Under 8 U.S.C.A. 1251(c)(1) (1970), a prima facie case of deportability is established if an alien secures entry into the United States on the basis of a marriage which is terminated within two years of the time of entry.

Analysis

The court found that the immigration authorities met the requirements for establishing a prima facie case of deportability by providing 'clear, unequivocal and convincing evidence.' The court noted that Vasquez had a 'heavy burden' to establish that his marriage was not for the purpose of evading immigration laws. The Immigration Judge's determination of the credibility of witnesses was upheld, and the court affirmed that Vasquez failed to overcome the government's prima facie case of marriage fraud.

The court found that the immigration authorities met the requirements for establishing a prima facie case of deportability by providing 'clear, unequivocal and convincing evidence.' The court noted that Vasquez had a 'heavy burden' to establish that his marriage was not for the purpose of evading immigration laws.

Conclusion

The deportation order was affirmed.

The deportation order was affirmed.

Who won?

The government prevailed in the case because the court upheld the findings of the Immigration Judge regarding the fraudulent nature of the marriage and the misrepresentation of the pending divorce.

The government prevailed in the case because the court upheld the findings of the Immigration Judge regarding the fraudulent nature of the marriage and the misrepresentation of the pending divorce.

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