Rafael Cuevas-Ortega and Josephina Del Toro-Mendoza v. Immigration and Naturalization Service

Petitioners Rafael Cuevas-Ortega and Josephina Del Toro-Mendoza appeal an order of the Board of Immigration Appeals (the Board) affirming a finding of deportability and denial of voluntary departure. We affirm.

I

In May, 1976, the Immigration and Naturalization Service (INS), in cooperation with the San Mateo County District Attorney, was conducting an investigation of possible fraudulent home birth registrations by resident aliens. During the course of this investigation it was discovered that three home birth registrations listed the address of the same apartment complex, and that two of these listed “Jose Cervantes” as father but at different addresses within the complex.

In following up this coincidence at petitioners’ apartment complex, INS investigator Cornejo and an inspector from the District Attorney’s office encountered approximately fifteen to twenty persons, each of whom was an illegal alien from Apatzingan, a town in the state of Michoacan, Mexico. It was at this point that the two investigators spoke with an apartment dweller who had signed one of the “Jose Cervantes” certificates as a witness. She stated that she thought the certificates were from two different…