Guardia v. Immigration & Naturalization Service
Guardia v. Immigration & Naturalization Service
Opinion of the Court
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,
Maria Teresa’s abandonment of her lawful permanent resident status is imputed to her children, who were unemancipated minors in this entire period through 1990. See In re Zamora, 17 I & N Dec. 395 (BIA 1980); In re Favela, 16 I & N Dec. 753 (BIA 1979); In re Winkens, 15 I & N Dec. 451 (BIA 1975). In re Bauer, 10 I & N Dec. 304 (BIA 1963), is not to the contrary; it was expressly overruled in this regard by Zamora. It makes no difference that Paul accompanied his mother back to Bolivia while Franz and Skarlen left later.
The Guardias mention new information that Franz, Skarlen and Paul suffered abuse by their father, but we cannot consider information that was not submitted to the Board and is not part of the administrative record. Fisher v. INS, 79 F.3d 955, 963 (9th Cir. 1996).
Finally, the Guardias argue that Skarlen and Paul’s due process rights were violated because the IJ allowed only Franz to testify. We disagree, because only their mother’s intent was relevant.
PETITION FOR REVIEW DENIED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.