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He also contends that he paid $500 in cash per month as rent to
Ms. Guzman’s father (Julio Guzman) and otherwise supported his
separate family. We agree with respondent.
Petitioner has failed to present persuasive evidence
supporting his contentions. At trial, petitioner introduced a
handmade diagram of the house that purportedly showed that the
space occupied by petitioner, Ms. Guzman, and their two children
was physically separate from the rest of the house.2 Ms. Guzman
testified that, in addition to the bedroom, she and petitioner
and their children had their own kitchen area, bathroom, and
separate entrance. This diagram and testimony are self-serving
and uncorroborated by any disinterested witnesses. Respondent
argues that the diagram is inconsistent with municipal records
concerning the premises, particularly as to the number of
bathrooms. Neither Julio Guzman nor any other member of his
family (except Ms. Guzman, who lived with petitioner) or neighbor
or friend appeared at trial to substantiate the self-serving
evidence Ms. Guzman provided for petitioner.
Petitioner also presented a copy of an alleged lease
agreement between petitioner and Julio Guzman as well as rent
2 Ms. Guzman explained that her parents could come into her
area of the house at will, but that she and petitioner did not
have free access to the front of the house at all times. The
testimony indicates that the parents could lock the access to
their portion of the house but that petitioner and Ms. Guzman did
not have a lock for privacy.
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