Victor E. Braun v. Immigration and Naturalization Service

Victor E. Braun (“Braun”) appeals the decision of the Board of Immigration Appeals (“BIA”) finding him statutorily ineligible for a waiver of deportation under Section 241(f) of the Immigration and Nationality Act, 8 U.S.C. § 1251 (f) (“the Act”). Braun also appeals the BIA’s alternative ruling that, even if it had found him to be statutorily eligible, it still would exercise its discretion to deny a waiver in his case. We reverse, holding that Braun was statutorily eligible for a waiver, and that the BIA abused its discretion in denying the waiver.

I. FACTUAL AND PROCEDURAL BACKGROUND

Braun is a native and citizen of Mexico who entered the United States as a lawful permanent resident in 1974 as the spouse of a United States citizen, Romelia Cruz Duarte (“Duarte”). Braun had married Duarte in Mexico on February 27, 1974, admittedly for the sole purpose of obtaining an immigrant visa. Approximately one year later, he divorced Duarte and married Bertha Rosalva Hernandez-Martinez (“Hernandez-Martinez”), a Mexican citizen who had entered the United States on a border crossing card. Braun and Hernandez-Martinez had a United States citizen child in 1975. With the exception of short…