Reynaldo Vincoy Villarina v. Immigration & Naturalization Service

Villarina petitions for review of the Board of Immigration Appeals’ (Board) dismissal of his appeal from the immigration judge’s decision. The immigration judge ordered him deported and denied his application for suspension of deportation under section 244(a) of the Immigration and Nationality Act (Act), 8 U.S.C. § 1254 (a), and his request for voluntary departure under section 244(e) of the Act, 8 U.S.C. § 1254 (e). The Board had jurisdiction pursuant to 8 C.F.R. §§ 3.1 (b)(2), 242.21 (1993). We have jurisdiction over this timely petition pursuant to 8 U.S.C. § 1105 (a) and section 245A(f) of the Act, 8 U.S.C. § 1255a(f). We deny the petition.

I

Villarina is a native and citizen of the Philippines. He entered the United States as a lawful permanent resident in 1980, as the unmarried child of a United States citizen. On October 24, 1985, he petitioned for naturalization. While investigating his eligibility for naturalization, the United States consul in Manila discovered that Villarina was married in 1977. Villarina’s marriage rendered him ineligible for an immigrant visa as the unmarried child of a United States citizen at the time of his entry into the United States.

On July…