Jaime Fernando Chang-Salazar v. Immigration & Naturalization Service

Chang-Salazar petitions for review of a decision of the Board of Immigration Appeals. Petitioner had applied for permission to depart from the United States voluntarily. The Immigration Judge had denied that application and on appeal the Board of Immigration Appeals had upheld the judgment of the Immigration Judge. We have jurisdiction pursuant to 8 U.S.C. § 1105a.

Petitioner, Chang-Salazar, is a native and citizen of Peru who first entered the United States on February 20,1967, on a non-immigrant student visa. He later reentered as a student on August 13, 1972, under an authorization to remain as a student until August 12, 1973. On December 12, 1975, the respondent Immigration & Naturalization Service (INS) issued an Order to Show Cause charging petitioner with being subject to deportation as an alien who had remained in the United States longer than the period of his authorized stay. The petitioner conceded the truth of the allegation and requested the privilege of voluntary departure at his own expense.

On February 25, 1972, during petitioner’s first stay in the United States, he was married to Virginia Ogden, a United States citizen. On December 17, 1973, the Immigration &…