Angelita EIDE-KAHAYON, Petitioner, v. UNITED STATES IMMIGRATION & NATURALIZATION SERVICE, Respondent

Angelita Eide-Kahayon (“Petitioner”) seeks review of a decision of the Board of Immigration Appeals (“BIA”) affirming the order of an immigration judge which denied Petitioner’s motion to reopen to apply for an adjustment of status. We have jurisdiction under 8 U.S.C. § 1105a(a) and deny the petition for review.

FACTUAL AND PROCEDURAL BACKGROUND

Petitioner, a native and citizen of the Philippines, entered the United States with a nonimmigrant visitor’s visa in September 1980 and thereafter married Eugene Eide, a United States citizen. Petitioner then sought to adjust her status with the Immigration and Naturalization Service (“INS”). At her adjustment of status interview, Petitioner acknowledged a prior marriage in the Philippines, but provided a death certificate indicating that her husband had died on September 15,1980. The INS adjusted Petitioner’s status to lawful permanent resident (“LPR”) in March 1981.

Rescission proceedings were conducted in January 1986 following an investigation which revealed that Petitioner’s husband in the Philippines was still alive, sion hearing Petitioner testified that when she found out that her first husband was still alive, she divorced him.…