Luviano-Bautista

MEMORANDUM **

Ricardo Luviano-Bautista, a native and citizen of Mexico, petitions for review of the final order of deportation entered by the Board of Immigration Appeals (BIA), affirming the determination that he was excludable at entry for lack of a valid immigrant visa. We have jurisdiction pursuant to 8 U.S.C. § 1105a(a) and we deny the petition.

Luviano-Bautista argues that the BIA’s finding of deportability was not supported, but he has failed to show that the evidence was so compelling that no reasonable factfinder could fail to find that he did not abandon his lawful permanent resident status. INS v. Elias-Zacarias, 502 U.S. 478, 481 , 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992). He left the United States for Mexico after escaping July 24, 1975 from the Federal Detention Center in Florence, Arizona where he was incarcerated. When interviewed by a special agent for the INS on February 8, 1990, Luviano-Bautista signed his name to an affidavit swearing that he had not left Mexico from 1975 until July of 1988. Lu-viano-Bautista’s argument that he did not sign the affidavit fails in light of his counsel’s admission that he had printed his name on the affidavit and that he did not…