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Giacomo D'AnDreA v. United States Immigration and Naturalization Service

Giacomo D’ANDREA, Petitioner, v. UNITED STATES IMMIGRATION AND NATURALIZATION SERVICE, Respondent

Giacomo D'AnDreA v. United States Immigration & Naturalization Serv., 335 F.2d 377 (6th Cir. 1964)
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Court
Court of Appeals for the Sixth Circuit · U.S. Courts of Appeals
Decided
August 17, 1964
Docket
No. 15744_1
Judges
Weick, Cecil, Phillips
Citations
335 F.2d 3771964 U.S. App. LEXIS 4479

Opinion — Per Curiam

PER CURIAM.

Petitioner seeks review by this Court of an order of deportation and a denial of his application for voluntary departure. He was an Italian national admitted to the United States on a nonquota immigrant visa issued to him on the basis of his marriage in Italy to a citizen of the United States. The ground for deportation was that his immigrant visa had been procured by fraud, it appearing that he had failed or refused to fulfill his marital agreement which was entered into for the purpose of procuring his entry as an immigrant.

He challenged the sufficiency of the evidence to support the order of deportation and the finding that he was ineligible for voluntary departure. He had a hearing before a special inquiry officer resulting in an adverse decision. His appeal to the Board of Immigration Appeals was dismissed.

A review of the record convinces us that there was abundant evidence to support the deportation order even though some of it was conflicting. The credibility of witnesses was for the special inquiry officer and the Board to determine. Their findings of fact are binding on us when supported by substantial evidence.

There was evidence to support the finding that the sole purpose of petitioner’s marriage in Italy was to evade the immigration laws. Petitioner and his wife never lived together after the ceremony was performed. He never supported her. He later obtained a divorce from her in Cleveland. Prior to the divorce and. during the marital relationship, petitioner committed adultery with a single woman. From this adulterous relationship one child was born and another conceived. After petitioner obtained the-divorce, he married this woman and their second child was bom. Petitioner is-supporting and living with this wife and. their two children.

In our opinion, the Board was. justified in finding that the adulterous relationship made petitioner ineligible for voluntary departure. 8 U.S.C. § 1101 (f) (2).

Judgment will be entered in favor of respondent.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1971: 11987: 12002: 119712026peak 1971 · 1

Relies on it most ⓘ

  1. ATHANSOPOULOS13 I. & N. Dec. 827 (BIA 1971)
  2. Aureliano Silva-Oliva v. Immigration & Naturalization Service812 F.2d 1408 (6th Cir. 1987)
  3. VILANOVA-GONZALEZ23 I. & N. Dec. 462 (BIA 2002)

Most recent

  1. VILANOVA-GONZALEZ23 I. & N. Dec. 462 (BIA 2002)
  2. Aureliano Silva-Oliva v. Immigration & Naturalization Service812 F.2d 1408 (6th Cir. 1987)
  3. ATHANSOPOULOS13 I. & N. Dec. 827 (BIA 1971)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

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