Edgardo Manguin ALQUISALAS, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent

Edgardo Manguin Alquisalas, a native and citizen of the Philippines, appeals the Board of Immigration Appeals’ (“BIA”) denial of his motion to reopen deportation hearings for a consideration of his application for a waiver of deportation under 8 U.S.C. § 1251 (f)(1). The BIA refused to grant the motion because it found Alquisalas’ 1984 marriage in the Philippines was entered into for the purpose of evading United States immigration laws. Under the compulsion of Braun v. INS, 992 F.2d 1016 (9th Cir.1993), Delmundo v. INS, 43 F.3d 436 (9th Cir.1994), and Yang v. INS, 58 F.3d 452 (9th Cir.1995), we are required to hold that the BIA abused its discretion and remand.

FACTUAL AND PROCEDURAL BACKGROUND

Alquisalas, a native and citizen of the Philippines, was admitted to the United States as a lawful permanent resident on January 12, 1983, under 8 U.S.C. § 1153 (a)(1), which provides immigrant visas to the unmarried children of United States citizens. This entry was fraudulent because Alquisalas had been married to Gloria Artajo, a citizen of the Philippines, since 1979, and had two children with her. A year after his fraudulent entry, Alquisalas returned to the Philippines and…