Sukhminder Singh Sarang v. Immigration & Naturalization Service

19 F.3d 1441 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Sukhminder Singh SARANG, Petitioner v. IMMIGRATION & NATURALIZATION SERVICE, Respondent. No. 92-70476. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 13, 1993. Decided March 7, 1994. Before: GOODWIN, CANBY, and KOZINSKI, Circuit Judges. 1 MEMORANDUM * 2 Sukhminder Singh Sarang, a native and citizen of India, petitions for review of the decision of the Board of Immigration Appeals ("BIA") finding him deportable on the ground that he gained entry into the United States based on a fraudulent marriage, in violation of 8 U.S.C. Sec. 1182 (a)(19) and Sec. 1251(a)(1). He also appeals the Board's denial of his request for voluntary departure and order that he be deported. We deny the petition. 3 Section 241(c) of the Immigration and Nationality Act creates a presumption of fraud if an alien obtains entry into the United States with an immigrant visa "procured on the basis of a marriage…