Interim Decision *2997
ability of foreign documents pursuant to the Immigration and Nat-
uralization Service Operations Instructions 204.2a, has been
amended extensively so as to virtually eliminate the probative
value accorded affidavits by family members attesting to a custom-
ary divorce. On July 9, 1982, the Foreign Affairs Manual was
amended so as to provide that the preferred documentation for the
dissolution of a customary marriage is an application by the par-
ties
concerned to the appropriate Ghanaian court under the Matri-
monial
Causes Act of 1971 (Act 367), section 41(2), for a decree of
divorce, and that the affidavits attesting to a divorce under custom-
ary law provided by the heads of the respective families are of
minimal reliability.
See
Vol. 9, Foreign Affairs Manual, Part IV,
Appendix B/C/E, "Ghana, Republic of," as amended on July
9,
1982. Effective July 27, 1984, that section
was
again amended, and
the amended section states in pertinent part:
Divorce Certificate:
Available. Certificates for the dissolution of a civil marriage
may be obtained from the court which granted the divorce. Proper documentation
of the dissolution of a customary marriage is a decree, issued by a high court, cir-
cuit court or district court under the Matrimonial Causes Act of 1971 (Act 367),
Section 41(2), stating that the marriage in question was dissolved in accordance
with customary
law. Affidavits or
"statutory declaratione attesting to a divorce
under customary law, even when duly sworn, do not constitute proper documenta-
tion of the dissolution of a Ghanaian customary marriage. (Amended)
Vol. 9, Foreign Affairs Manual, Part W, Appendix B/C/E, "Ghana,
Republic of," as amended on July 27, 1984.
In light of the information provided in the Foreign Affairs
Manual as recently amended and after reevaluating our prior deci-
sions, we shall consider a court decree which either grants or con-
firms
a Ghanaian
customary divorce to be an essential element
of
proof
in substantiating a claimed customary divorce. A court
decree confirming a customary divorce issued by an appropriate
Ghanaian court is accepted as evidence both that a customary mar-
riage was dissolved by a customary divorce and that the customary
divorce is regarded as valid by the Ghanaian Government. The
Board does not question the validity of a customary divorce which
is valid under the law
of Ghana. Rather, we consider a Ghanaian
court decree to be an essential element of proof in establishing the
customary divorce in that if the petitioner is unable to persuade
Ghanaian court officials that the decree of confirmation should be
issued because of questions relating to the tribal affiliations of the
parties concerned, the customary divorce law of that tribe, or the
cnnformance to the pertinent ceremonial procedures, then that pe-
titioner cannot satisfy his burden of proving the claimed customary
divorce for purposes of our immigration laws.
Cf. Matter of Chu,
19
I&N Dec. 81 (BIA 1984). As the decree of confirmation is a foreign
294