How have the courts interpreted the statutory presumption that a marriage was not entered into to evade the immigration laws?

MultiRegion, United States of America

The following excerpt is from Sarang v. I.N.S., 19 F.3d 1441 (9th Cir. 1994):

Thus, the respondent had the burden of coming forward with sufficient evidence to rebut the statutory presumption. We conclude that he has failed to show by a preponderance of the evidence that the marriage to Tina Bustos Romero was not entered into in order to evade the immigration laws. See Baliza v. INS, 709 F.2d 1231, 1233 (9th Cir.1983).

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