Roman Agmata Baliza v. Immigration and Naturalization Service

On October 29, 1979, an order to show cause was issued, charging Roman Agmata Baliza with entering the United States with an immigration visa procured on the basis of a fraudulent marriage, in violation of 8 U.S.C. §§ 1182 (a)(19), 1251(a)(1) and (a)(2). The order to show cause also charged Baliza with entering the United States for the purpose of performing skilled or unskilled labor without a valid labor certification in violation of 8 U.S.C. §§ 1182 (a)(14) and 1251(a)(1). The Immigration Judge found that Baliza was deportable as charged and granted him three months voluntary departure. Baliza appealed to the Board of Immigration Appeals which dismissed his appeal.

On petition for review, Baliza argues that the Immigration Judge’s determination that his marriage was fraudulent was not supported by reasonable, substantial and probative evidence. In addition, he contends that the government’s introduction of his ex-wife’s affidavit deprived him of his statutory and constitutional right to confront and cross-examine the witnesses against him. We find it necessary to address only the latter contention. We hold that the government’s introduction of the affidavit did deprive Baliza…