Delora Del Rosario v. Immigration & Naturalization Service

47 F.3d 1175 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Delora del ROSARIO, Petitioner, v. IMMIGRATION & NATURALIZATION SERVICE, Respondent. No. 93-70648. United States Court of Appeals, Ninth Circuit. Submitted Feb. 10, 1995. * Decided Feb. 24, 1995. Petition for Review of Decision of the Board of Immigration Appeals, No. Aip-rij-kak. BIA PETITION GRANTED. Before: TROTT, FERNANDEZ, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Delora del Rosario petitions for review of the ruling of the Board of Immigration Appeals which affirmed the Immigration Judge's denial of her application for waiver of deportation. The BIA agreed with the IJ's finding that del Rosario's misrepresentation on the application for her husband's visa was an adverse factor that outweighed the equities in her favor. We grant the petition and remand. DISCUSSION 3 1. Section 241(f) of the Immigration and Nationality Act, 8 U.S.C. Sec. 1251 (f), 1 provides that aliens who were excludable at the…