Calsado

Calsado v. Ashcroft

Good Law
121 F. App'x 686
United States Court of Appeals for the Ninth CircuitDecember 22, 2004No. 03-70738California315 words

Opinion

Lead Opinion

MEMORANDUM *

Substantial evidence supports the Immigration Judge’s (“IJ’s”) determination that Calsado was deportable pursuant to 8 U.S.C. § 1182 (a)(6)(C)®. The government introduced a signed, registered marriage certificate indicating that Calsado had married in the Philippines prior to his entry into the United States as an unmarried son, but Calsado submitted no evidence — to the IJ, Board of Immigration Appeals (“BIA”), or to this court — to establish his contention that the marriage was void ab initio under Philippine law. Cf. Mayo v. Schiltgen, 921 F.2d 177, 180 (8th Cir.1990) (remanding for determination as to validity of marriage where petitioner “submitted substantial authority supporting her argument that ... the marriage is void under Philippine law”); see also Greenwood v. FAA, 28 F.3d 971, 977 (9th Cir.1994) (failure to explain contentions and support them with authority waives argument on appeal).

The IJ’s mistake of fact regarding the father named on Rosalinda’s son’s birth certificate was immaterial, and there was substantial evidence to support the determination that Rosalinda was not a credible *688 witness. The IJ’s comments about the conduct of Calsado’s…

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