The Seventh Circuit has affirmed a finding of marriage fraud by an Immigration Judge in which the Department of Homeland Security presented hearsay evidence that the petitioner's ex-spouses confessed to the fraudulent nature of their marriage. Although the ex-spouse did not testify in court, the Immigration Judge did issue a subpoena to compel her testimony. The Seventh Circuit faulted the petitioner for not requesting that the Immigration Judge request enforcement of the subpoena through the local AUSA's office. Thus, the hearsay evidence was fair and probative.
The full text of Vidinski v. Lynch can be found here: