Oscar B. De Vera v. Immigration & Naturalization Service

10 F.3d 808 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Oscar B. DE VERA, Petitioner, v. IMMIGRATION & NATURALIZATION SERVICE, Respondent. No. 92-70297. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 5, 1993. Decided Nov. 15, 1993. Before: SCHROEDER, FLETCHER and ALARCON, Circuit Judges. 1 MEMORANDUM * 2 Oscar De Vera petitions for review of the Board of Immigration Appeals' ("BIA") finding of deportability based on his wilful misrepresentation of a material fact at entry. 8 U.S.C. Sec. 1251 (a)(1); 8 U.S.C. Sec. 1182 (a)(19). De Vera contends that there is not reasonable, substantial, and probative evidence in the record as a whole to support the Board's decision that he wilfully misrepresented in his application for immigration visa and alien registration that he was single and had never been married. Because the BIA erred as a matter of law in ruling that De Vera was required to prove through official records that the March 19, 1979…