Dizon

MEMORANDUM **

I. FACTUAL BACKGROUND

As the parties are familiar with the facts, we do not repeat them here.

II. PROCEDURAL BACKGROUND

The procedural posture of the case is as follows. In 1993, the Immigration and Naturalization Service (INS) charged Appellant Elpidiforo Dizon with being deport-able under Section 241(a)(1)(A), as an alien who, by virtue of his fraudulent assertion that he was the single, never married, son of a United States citizen, was excludable at the time he entered the United States. 2 The INS is seeking to deport Dizon on the basis that he made fraudulent statements as to his marital and parental status to gain entry into the United States.

In 1994, at hearing before the Immigration Judge (IJ), Dizon requested relief from deportation on four different grounds: (1) under Section 241(a)(1)(H), for a waiver of deportation as a child of a United States citizen; (2) under Section 244(a), for suspension of deportation; (3) under Section 212(i), for a waiver on ground of exclusion; and (4) under Section 244(e), for voluntary departure.

*987 On cross examination, Dizon admitted that he made misrepresentations in 1985 as to his marital and parental status…