Yaldo v. Immigration and Naturalization Service, 19135.
| Decision Date | 16 April 1970 |
| Docket Number | No. 19135.,19135. |
| Parties | Nabil George YALDO, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. |
| Court | U.S. Court of Appeals — Sixth Circuit |
John Palumbo, East Detroit, Mich., for petitioner; Palumbo & Soave, by John Palumbo, East Detroit, Mich., on brief.
Murray R. Stein, Dept. of Justice, Washington, D. C., for respondent; William W. Milligan, U. S. Atty., Norbert A. Nadel, Asst. U. S. Atty., Cincinnati, Ohio, on brief, Will Wilson, Asst. Atty. Gen., Paul C. Summitt, Murray R. Stein, Attys., Dept. of Justice, Washington, D. C., of counsel.
Before PHILLIPS, Chief Judge, and CELEBREZZE and PECK, Circuit Judges.
Petitioner seeks review of decisions of the Board of Immigration Appeals affirming the findings of a Special Inquiry Officer pursuant to 8 U.S.C. § 1256 (1964) rescinding petitioner's permanent resident alien status and ordering him deported. The underlying substantive issue in both the recission and deportation proceedings was whether petitioner entered into a fraudulent marriage with an American citizen solely for the purpose of gaining permanent resident alien status.
Petitioner, a native and citizen of Iraq, entered the United States in 1965 on a student visa authorizing him to stay approximately two years. In December of 1966 he married one Sharon Florence, a native United States citizen, and he immediately began proceedings to have his status changed from that of nonimmigrant student to permanent resident alien, the status to which he would be entitled as the spouse of a United States citizen. Six months later petitioner received notification of the change in his status to permanent resident alien, and approximately ten days thereafter he left his wife and instituted divorce proceedings against her. Petitioner subsequently abandoned the divorce proceedings and instead permitted his wife to obtain an annulment of the marriage by default.
At the hearing before the Special Inquiry Officer on the recission of petitioner's permanent resident alien status, petitioner's ex-wife testified, in addition to the facts outlined above, that their marriage had never been consummated and that petitioner had told her upon receiving notification of the change in his status that he had entered into the marriage only to gain the permanent resident alien status.
The first issue raised here by petitioner is whether the Special Inquiry Officer committed an abuse of discretion by permitting his ex-wife to testify to confidential communications made during the course of the marriage. However, review of the entire record of the recission proceedings discloses that petitioner's counsel made no objection to the ex-wife's testimony concerning petitioner's statements to her that he had married her only to gain permanent resident alien status. Counsel's only objection came upon a question by the government to the ex-wife concerning the sexual relationship of the parties. The objection was "to anything that transpired during their marriage * * * To anything * * * which took place between the two of them during the period in which they were...
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