Rolando Cunanan v. Immigration & Naturalization Service

The Board of Immigration Appeals (BIA) denied Rolando Cunanan’s request for voluntary departure to the Philippines. Cunanan appeals. He contends that the BIA abused its discretion when it denied him voluntary departure by relying on hearsay declarations while denying him the opportunity to cross-examine the government’s absent witness.

At the heart of this appeal is the admissibility of two documents. Both were introduced into evidence at the hearing before the Immigration Judge (IJ) and were relied on by the BIA on appeal. The first is an affidavit, purportedly written by Cunanan’s wife, Sandra Cesa. In the affidavit, Cesa states that she never intended to live with Cunanan and that she married him “after becoming friends with his family and being offered two thousand dollars.... ”

The second document is a “Record of Deportable Alien” (form 1-213). This form contains the same accusatory information found in the affidavit, information which allegedly was reported by Officer Turner to a “Receiving Officer.” The information in both the form 1-213 and the affidavit was discussed in an alleged interview between Officer Turner and Sandra Cesa. We hold that, in the circumstances…