Jesus Angel Chacon-Campusano v. Immigration and Naturalization Service

OPINION.

The Immigration Judge and the Board of Immigration Appeals found that Petitioner is a deportable alien who has overstayed his visitor’s visa. 8 U.S.C. § 1251 (a)(2). Petitioner contends that the Immigration and Naturalization Service failed to prove his alienage by the “clear, unequivocal, and convincing evidence” required by Woodby v. Immigration and Naturalization Service, 385 U.S. 276, 286 , 87 S.Ct. 483 , 17 L.Ed.2d 362 (1966), and 8 C.F.R. § 242.14 (a).

At his deportation hearing, the Immigration and Naturalization Service introduced, over objection, a Form 1-213, “Record of Deportable Alien,” which indicated that Petitioner is a native and citizen of Argentina who makes no claim to United States citizenship or to resident alien status. Although Petitioner did not sign the form, a government investigator who interviewed him testified that he voluntarily gave the information at an interview conducted approximately one month before the hearing. That testimony was unrebutted. Indeed, Petitioner admitted at the hearing to entry as a visitor, and failed to meet the burden of proof resting on him to show the time, manner, and place of his entry into the United States. 8…