Josefina GAWARAN, A.K.A., Josefina Javier, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent

OVERVIEW

In 1989, the Immigration and Naturalization Service charged that Josefina Gawaran was deportable on multiple grounds. She applied for a waiver of all charges of deporta-bility pursuant to section 241(f) of the Immigration and Nationality Act, which provides discretionary relief for certain aliens who fraudulently enter the country. The BIA found that while the section 241(f) waiver would apply to some of the deportability charges, the waiver did not apply to the separate ground of deportability based on the termination of her permanent resident status. She petitions for review of the BIA’s decision, contending that she was eligible for the waiver of deportation on all charges of deportability because they arose out of the same fraudulent conduct. We deny the petition.

BACKGROUND

Josefina Gawaran (Gawaran) is a native and citizen of the Philippines. On August 10, 1978, Gawaran married Donato Javier, also a citizen of the Philippines. She never divorced Javier. In 1986, she married Efrem Gawaran, a United States citizen. In 1987, she entered the United States as a conditional permanent resident, as the wife of a United States citizen. Afterward, she gave birth to a…