Rodriguez v. Immigration & Naturalization Service

COFFIN, Senior Circuit Judge.

This is a petition for review of a decision by the Board of Immigration Appeals that affirmed an immigration judge’s order of deportation against petitioner while granting his request for voluntary departure. Finding that the evidence supports the Board’s determination, we affirm.

The Board rested its decision on the ground that petitioner did not provide persuasive evidence to rebut the statutory presumption of marriage fraud, applicable to an alien who

obtains any admission into the United States with an immigrant visa ... procured on the basis of a marriage…