Matter of Castillo-Sedano

• Decision Date: 05 September 1975
• Docket Number: Interim Decision Number 2427,A-31284721
• Citation: 15 I&N Dec. 445
• Parties: MATTER OF CASTILLO-SEDANO In Exclusion Proceedings
• Court: U.S. DOJ Board of Immigration Appeals

15 I&N Dec. 445

MATTER OF CASTILLO-SEDANO

In Exclusion Proceedings

Interim Decision Number 2427

A-31284721

Board of Immigration Appeals.

Decided by Board September 5, 1975

As the California decree of annulment of applicant's marriage to a United States citizen was a default judgment procured by applicant's wife, and the evidence adduced at the hearing before the immigration judge showed that no fraud was involved, the relation-back doctrine as set forth in Matter of Samedi, 14 I. & N. Dec. 625, is not followed with respect to the annulment of applicant's marriage, since to do so would result in a gross miscarriage of justice (Matter of B----, 3 I. & N. Dec. 102).

EXCLUDABLE: Act of 1952 — Section 212(a)(14) [8 U.S.C. 1182(a)(14)] — No valid honor certification.

Act of 1952 — Section 212(a)(19)[8 U.S.C. 1182(a)(19) — Obtained visa by fraud or willful misrepresentation of material facts.

Act of 1952 — Section 212(a)(20) [8 U.S.C. 1182(a)(20)] — No valid immigrant visa.

ON BEHALF OF APPLICANT: Robert S. Fox, Esquire Room 226, Dool Building Calexico, California 92231.

ON BEHALF OF SERVICE: Anthony M. DeGaeto Appellate Trial Attorney.

In a decision dated May 1, 1974, the immigration judge ordered the applicant's admission to the United States as a returning resident immigrant. The Service has appealed from that decision. The appeal will be dismissed.

The alien applicant is a native and a citizen of Mexico who was originally admitted to the United States for permanent residence on November 10, 1971. He was issued an immigrant visa and exempted from the labor certification requirements of section 212(a)(14) of the Immigration and Nationality Act on the basis of his marriage to a United States citizen on July 10, 1971.

In April 1972, the applicant became a commuter, residing in Mexico and entering this country on a daily basis to work. On August 14, 1973, in a California court, the applicant's spouse procured a decree of annulment of her marriage to the applicant.

When the applicant attempted to return to the United States on approximately September 21, 1973, he was referred for an exclusion hearing. The Service contends that the applicant's marriage to a United States citizen was fraudulent and that he is therefore excludable under sections 212(a)(14), (19) and (20) of the Act.

The applicant testified at the hearing. His former wife did not. On the basis of the evidence adduced at the hearing, the immigration judge found that the applicant and his wife were close friends for approximately 18 months before their marriage and that they...