Kaivan Sharifzadeh-Fahraji v. Immigration & Naturalization Service

24 F.3d 249 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Kaivan SHARIFZADEH-FAHRAJI, Petitioner, v. IMMIGRATION & NATURALIZATION SERVICE, Respondent. No. 92-70695. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 15, 1994. Decided April 15, 1994. Before: POOLE, CANBY, and RYMER, Circuit Judges. MEMORANDUM * Kaivan Sharifzadeh-Fahraji petitions for review of the Board of Immigration Appeals' decision dismissing his appeal from a deportation order under section 241(a)(1) of the Immigration and Nationality Act (INA), 8 U.S.C. Sec. 1251 (a)(1), as an alien excludable at entry under section 212(a)(14) and (a)(20) of the INA, 8 U.S.C. Sec. 1182 (a)(14) and (a)(20). Fahraji's immigrant visa was based on a second marriage (to a United States citizen) although at the time of entry he was still legally married to his first wife. His principal argument is that the BIA erred in failing to give an annulment of the first marriage, obtained after entry,…