Faisal SAIDANE, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent

TASHIMA, Circuit Judge.

Faisal Saidane seeks review of a decision of the Board of Immigration Appeals (“BIA”) ordering his deportation and denying him a nine-month voluntary departure period. Sai-dane is a citizen of Tunisia who came to the United States, overstayed a visitor’s visa in 1988 and was denied permanent resident status. In September, 1988, Saidane married Grace Padilla (“Padilla”), an American citizen. The present dispute centers around the question of whether that marriage was a “sham,” entered into for immigration purposes alone. Saidane claims on appeal that he was denied the…