Eufrasia Corona-Palomera v. Immigration and Naturalization Service, Antonio Corona-Cruz v. Immigration and Naturalization Service

On this consolidated appeal, petitioners Eufrasia Corona-Palomera and Antonio Corona-Cruz appeal an order of the Board of Immigration Appeals dismissing their appeals from an Immigration Judge’s finding of deportability under section 241(a)(2) of the Immigration and Nationality Act, 8 U.S.C. § 1251 (a)(2). Jurisdiction is founded on section 106 of the Act, 8 U.S.C. § 1105a.

I. BACKGROUND

The facts giving rise to these consolidated appeals are identical in material respects. Both petitioners were found deportable for entry into the United States without inspection in violation of section 241(a)(2) of the Immigration and Nationality Act (Act), 8 U.S.C. § 1251 (a)(2). At their deportation hearings, the petitioners admitted their true names and stipulated that the • orders to show cause related to them; however, when confronted with questions regarding their nationality, places of birth and dates of birth, they claimed Fifth Amendment privileges and remained silent. At that point in both hearings, the Government offered and the Immigration Judge accepted into evidence properly authenticated Mexican birth certificates recording the births of individuals with names identical to the…