Alvarado-Salazar

Alvarado-Salazar v. Gonzales

Good Law
138 F. App'x 972
United States Court of Appeals for the Ninth CircuitJuly 13, 2005No. 04-72218California305 words

Opinion

Lead Opinion

MEMORANDUM ***

Eulogio Alvarado-Salazar, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) dismissal of his appeal from an immigration judge’s decision finding him removable for marriage fraud and denying his application for cancellation of removal. We have partial jurisdiction under 8 U.S.C. § 1252 . We review de novo due process claims. Barron v. Ashcroft, 358 F.3d 674, 677 (9th Cir.2004). We review for substantial evidence the finding that the government established marriage fraud by clear and convincing evidence. Nakamoto v. Ashcroft, 363 F.3d 874, 882 (9th Cir.2004). We deny in part and dismiss in part the petition for review.

Substantial evidence supports the finding that the government met its burden to show by clear and convincing evidence that Alvarado-Salazar committed marriage fraud. See Nakamoto, 363 F.3d at 882 . Although Alvarado-Salazar testified that he married for love, his former wife testified that he paid her to marry him and that the couple never lived together. The BIA credited the former wife’s testimony in concluding that Alvarado-Salazar entered the marriage for fraudulent purposes, and we cannot say that…

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