Baria

Baria v. Reno

Good Law
94 F.3d 1335·1996 WL 499172·1996 U.S. App. LEXIS 23230·96 Cal. Daily Op. Serv. 6640
United States Court of Appeals for the Ninth CircuitSeptember 5, 1996No. 94-16061California3,787 words

Opinion

Lead Opinion

Fletcher, J.

Rodolfo Baria, a citizen of the Philippines, held the status of a permanent-resident alien. The Board of Immigration Appeals rescinded his status. He now appeals from the district court’s dismissal on summary judgment, in a decision published at 849 F.Supp. 750 , of his complaint challenging the rescission. We reverse and remand on procedural grounds.

FACTUAL BACKGROUND AND PROCEEDINGS BELOW

A. Baria’s Entry and Marriage

Baria entered the U.S. at Honolulu on a nonimmigrant visa, apparently as part of a musical troupe, in June 1984. He was authorized to stay, with extensions of his visa, for a year. Shortly after coming to the U.S., Ba-ria went to Las Vegas, where his sister and stepmother lived. Approximately two months after his arrival, Baria filed in Nevada for divorce from Anita Baria, his wife of 21 years. She lives in the Philippines, as do their three children. In December 1984, Ba-ria moved to Hawaii and shortly thereafter he met Bibiana Patoc, a widow with two sons. She is a naturalized U.S. citizen of Philippine birth. Shortly after they met, he moved in with her. Baria’s divorce from Anita became final late in May 1985. On June 14,1985, the day after his visa…

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