Pedro Tenorio-Martinez v. Immigration & Naturalization Service

Good Law
546 F.2d 810·1976 U.S. App. LEXIS 6238
United States Court of Appeals for the Ninth CircuitNovember 15, 197675-2639California582 words

Opinion

Opinion

Pedro Tenorio-Martinez petitions for review of decisions of the Immigration Judge and the Board of Immigration Appeals (Board) that he is a deportable alien under 8 U.S.C. § 1251 (a)(1) and not entitled to relief under 8 U.S.C. § 1251 (f). He also claims that the Board abused its discretion in denying his motion to reopen the deportation hearings so that he could apply for suspension of deportation under 8 U.S.C. § 1254 (f).

Petitioner was found to have been deportable at the time of his entry into the United States in 1958. He was excludable under 8 U.S.C. § 1182 (a)(19) for having procured his visa by fraud and under 8 U.S.C. § 1182 (a)(20) for having entered the United States without a valid visa. At the deportation hearing he conceded deportability. In a sworn affidavit he admitted that he was married to a Mexican citizen at the time he entered into a bigamous marriage with a United States citizen and that he had reported his marital status falsely on his visa application.

During the course of the deportation proceedings, Martinez divorced his Mexican wife and married yet a third woman, an American citizen. He has had children by all three marriages.

Martinez claims that he…

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