Radu Grumazescu v. Loretta Lynch

MEMORANDUM

Radu Daniel Grumazescu, a native and citizen of Romania, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) removal order. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence factual findings and review de novo questions of law. Tamang v. Holder, 598 F.3d 1083, 1088 (9th Cir. 2010). We deny in part and dismiss in part the petition for review.

Substantial evidence supports the BIA’s determination that Grumazescu is removable under 8 U.S.C. § 1182 (a)(6)(C)(i) due to having procured admission through a fraudulent marriage, where the government presented clear and convincing evidence-that he did not intend to establish a life with his United States citizen wife at the inception of their marriage. See Nakamoto v. Ashcroft, 363 F.3d 874, 881-82 (9th Cir. 2004) (in determining whether an alien entered into a marriage for the purpose of procuring admission into the U.S., the focus of the inquiry is whether the couple intended to establish a life together at the time they were married; this court must affirm the IJ’s ruling unless the evidence is “so compelling that…