Virginia Bagaoisan v. Donald A. Radcliffe, District Director, Immigration & Naturalization Service

78 F.3d 591 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Virginia BAGAOISAN, Plaintiff-Appellant, v. Donald A. RADCLIFFE, District Director, Immigration & Naturalization Service, Defendant-Appellee. No. 94-15962. United States Court of Appeals, Ninth Circuit. Submitted Feb. 13, 1996. * Decided Feb. 23, 1996. 1 Before: BOOCHEVER and FERNANDEZ, Circuit Judges, and KELLEHER, ** District Judge. 2 MEMORANDUM *** 3 On March 30, 1989, Appellant Virginia Bagaoisan (Bagaoisan) filed a visa petition pursuant to 8 U.S.C. § 1154 (a)(1), to accord immigrant visa preference status to her daughter, Deborah Lista Manatan Bagaoisan (Lista). 1 INS district director Donald Radcliffe denied the petition pursuant to 8 U.S.C. § 1154 (c)(1), 2 finding there had been a prior determination that Lista married to evade the immigration laws. 4 Bagaoisan appealed the district director's decision to the Board of Immigration Appeals (BIA). After conducting a de novo review of the…