Guardia
Guardia v. Immigration & Naturalization Service
Opinion
Lead Opinion
MEMORANDUM **
Maria Teresa, Paul, Franz and Skarlen Guardia, citizens of Bolivia, petition for review of the final order of deportation entered by the Board of Immigration Appeals (BIA), affirming the determination of excludability under the Immigration and Nationality Act (INA) § 212(a)(7)(A)(i)(I), 8 U.S.C. § 1182 (a)(7)(A)(i)(I) for lack of immigrant visas. We deny the petition for review.
The Guardias argue that Maria Teresa did not abandon her lawful permanent resident status when she left the United States to go to Bolivia in 1985. However, substantial evidence supports the BIA’s determination to the contrary. Chavez-Ramirez v. INS, 792 F.2d 932, 934-35, 937 (9th Cir.1986). Guardia and her three children lived with her brother while in the United States; she had no real property, *621 never rented an apartment, worked for only a few days, and was supported by her brother. When she returned to Bolivia in March of 1985 with her youngest child to tend to her ailing father-in-law, the bank account she had opened here with a minimum deposit given to her by her brother was allowed to lapse. After her father-in-law’s death, she continued to stay in Bolivia, living with her…