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OCASIO v. ASHCROFT

No. 03-1629.

375 F.3d 105 (2004)

Yve Sumaya Amparo De OCASIO, Petitioner, v. John ASHCROFT, Attorney General, Respondent.

United States Court of Appeals, First Circuit.

Decided July 14, 2004.

Attorney(s) appearing for the Case

Randy Olen for petitioner.

Hillel R. Smith, Attorney, Office of Immigration Litigation, Civil Division, with whom Peter D. Keisler, Assistant Attorney General, and Terri J. Scadron, Assistant Director, were on brief, for respondent.

Before TORRUELLA, HOWARD, Circuit Judges, and STEARNS, U.S. District Judge.

PER CURIAM.

An immigration judge (IJ) denied Yve Sumaya Amparo de Ocasio's petition for permanent resident status and granted her request for voluntary departure after concluding that her marriage to Willy Ocasio was a sham. The Board of Immigration Appeals (BIA) affirmed. The petitioner contests the BIA's decision because Willy Ocasio's testimony was submitted by affidavit, and she therefore did not have the opportunity to cross-examine him. We affirm.

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