Bark v. Immigration and Naturalization Service

511 F.2d 1200 (1975)

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Bark v. Immigration and Naturalization Service

United States Court of Appeals for the Ninth Circuit
511 F.2d 1200 (1975)

Facts

Sang Chul Bark (plaintiff) and his wife were Korean citizens who dated for several years while residing in Korea before she immigrated to the United States and became a resident alien. Bark eventually came to the United States himself, and the couple married in Hawaii. After their marriage, Bark petitioned to have his immigration status changed from visitor to permanent resident as the spouse of a resident alien. At some point during the immigration proceedings, Bark and his wife quarreled and separated. The Immigration and Naturalization Service (INS) (defendant) judge determined that their marriage was a sham, based on the evidence of their separation, and denied adjustment of Bark’s status. Bark appealed to the Board of Immigration Appeals, which upheld the denial. Bark appealed.

Rule of Law

Issue

Holding and Reasoning (Hufstedler, J.)

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