Philip Jesse Charlesworth v. United States Immigration and Naturalization Service

Philip Charlesworth petitions for review of the Board of Immigration Appeals' conclusion that he is not entitled to a discretionary waiver of deportation under section 212(c) of the Immigration and Nationality Act of 1952, as amended, 8 . U.S.C. § 1182(c). He argues that the Board: (1) abused its discretion in reversing the immi-gration judge’s grant of section 212(c) relief and (2) violated his due process rights by reopening the deportation proceedings sua sponte and supplementing the record with a letter from Judith Charlesworth. We have jurisdiction pursuant to section 106(a) of the Immigration Act, 8 U.S.C. § 1105a(a). We affirm.

FACTS

Philip Charlesworth, a native and citizen of Great Britain, entered the United States on August 24, 1973. Charlesworth was nineteen or twenty years old at the time. On April 9, 1976, he married a U.S. citizen whom he had been living with since 1973, and, on September 27, 1977, his status was adjusted to lawful permanent resident.

Approximately two years later, Charles-worth decided to move to Hawaii in order to earn a living restoring automobiles. At the time, his wife, Judith Charlesworth, was gainfully employed in San Francisco and decided…