Rodolfo Garcia-Jaramillo v. Immigration and Naturalization Service

Garcia-Jaramillo (“Garcia”) seeks review of a BIA decision finding him deportable as an alien excludable at the time of entry, 8 U.S.C. § 1251 (a). The BIA affirmed the decision of the immigration judge who found Garcia excludable for (1) wilfully withholding critical information concerning his purported marriage to an American citizen [ 8 U.S.C. § 1182 (a)(19)]; (2) procuring an invalid immediate relative visa by means of a sham marriage [ 8 U.S.C. § 1182 (a)(20)] and (3) entering without a valid labor certificate [ 8 U.S.C. § 1182 (a)(14)]. On appeal Garcia alleges that the evidence was insufficient to prove a sham marriage; that testimony by his former wife contained privileged communications; and that he was denied a fair and impartial hearing.

FACTS

On March 27, 1973, Garcia, a native and citizen of Mexico, married a native and citizen of the United States. They separated on August 1, 1973, never having resided as man and wife. Garcia was granted an immigrant visa on August 3, 1973 and classified a spouse of a U.S. citizen. The parties were divorced February 26, 1976. On May 17, 1977, after a hearing, an immigration judge ordered Garcia deported on the grounds that his…