Rodolfo Q. Agustin v. Immigration and Naturalization Service

BACKGROUND

This is Rodolfo Agustin’s third appeal from a decision of the Board of Immigration Appeals (BIA). Agustín now seeks review of the BIA’s denial of reopening his deportation hearing to apply for suspension of deportation under 8 U.S.C. § 1254 (a)(1).

Agustín, a 28 year old native and citizen of the Philippines, entered this country in 1974 with an immigrant visa as the spouse of a permanent resident of the United States. He divorced his first wife shortly after his entry and married Lydia Carino on May 7, 1975. Three children of this union were born in the United States.

Agustín was found deportable on October 12, 1978, on the grounds that his first marriage was a “sham” and that he did not have a valid labor certification. This court affirmed the BIA’s deportation order on two occasions. See Agustin v. INS, 642 F.2d 455 (9th Cir.1981) and Lydia Carino Agustin v. INS, No. 81-7554. Agustin was also denied habeas corpus relief in the district court. See In re Rodolfo Quicquic Agustín, Civil No. 81-0306 (D.Haw. Aug. 28, 1981). He now appeals the BIA’s denial of his motion to reopen the deportation proceedings in order to apply for suspension of deportation under 8 U.S.C.…