Jacques Louis Bachelier v. Immigration and Naturalization Service

Jacques Louis Bachelier appeals from a final order of deportation. He also seeks review of the rescission in 1974 of his permanent resident status, one result of which was the deportation order presently before us.

Bachelier, a native and citizen of France, entered the United States as a nonimmi-grant for pleasure on October 12,1970. On April 5, 1971, he married an American citizen and applied for and received adjustment to permanent resident status pursuant to Section 201 of the Immigration and Nationality Act, 8 U.S.C. § 1151 .

In 1974, the immigration service challenged Bachelier’s status. The government and Bachelier presented evidence. The immigration judge determined that Bachelier’s marriage was “a sham” and that he was not entitled to immediate relative status. Accordingly, in due course the attorney general rescinded Bachelier’s adjustment to permanent resident status. See 8 U.S.C. § 1256 . Bachelier appealed to the Board of Immigration Appeals, and on May 12, 1975, the Board dismissed the appeal.

A year later, Bachelier filed a motion to reopen the rescission proceeding, claiming that he had new evidence. The Board denied this motion. Bachelier appealed the denial of…