Jian Yuan Zhen v. Ashcroft
Docket: No. 03-71499; Agency No. A44-195-740
Court: Court of Appeals for the Ninth Circuit; September 22, 2004; Federal Appellate Court
Jian Yuan Zhen's petition for review of the Board of Immigration Appeals (BIA) decision affirming an Immigration Judge (IJ) order of removal has been denied. The IJ determined that Zhen was inadmissible upon entry due to marriage fraud under 8 U.S.C. § 1182(a)(6)(C)(i), leading to his removal under § 1227(a)(1)(A). The IJ found substantial evidence supporting that Zhen entered into a fraudulent marriage to gain immigrant status, referencing § 1186a(b)(1), and confirmed that terminating his conditional permanent resident status was justified under § 1227(a)(1)(D). The court has jurisdiction as per 8 U.S.C. § 1252(a)(1). Since the BIA upheld the IJ’s decision without opinion, the IJ's ruling is treated as the final agency decision. The court can only grant Zhen’s petition if the evidence overwhelmingly supports that he fulfilled his marital agreement and did not enter into the marriage solely for immigration purposes, as established in Nakamoto v. Ashcroft and Damon v. Ashcroft. Zhen failed to provide compelling evidence to contradict the IJ's findings. Witness Hamel detailed the scheme for her sham marriage to Zhen, which the IJ found credible, describing her role as essentially providing Zhen with a visa. The evidence Zhen presented, including tax returns and affidavits, was insufficient to undermine Hamel’s testimony. Consequently, the court upheld the IJ’s credibility assessments and denied Zhen’s petition for review. This decision is not for publication and cannot be cited, except as allowed under Ninth Circuit Rule 36-3. The document notes that the functions of the Immigration and Naturalization Service (INS) have been transferred to the Department of Homeland Security as of March 2003.