Sandoval

MEMORANDUM **

The immigration judge (“IJ”) denied Sandoval’s request for a waiver of deportation pursuant to Section 241(a)(1)(H) of the Immigration and Nationality Act, 8 U.S.C. § 1251 (a)(1)(A), concluding Sandoval’s deliberate course of misconduct to deceive the INS outweighed the positive equities in his favor.

There is no limit to the factors the IJ and Board of Immigration Appeals (“BIA”) may consider when exercising discretion to grant or deny such a waiver. I.N.S. v. Yang, 519 U.S. 26, 30-31 , 117 S.Ct. 350 , 136 L.Ed.2d 288 (1996). Such an exercise of discretion “necessitates a balancing of an alien’s undesirability as a permanent resident with the social and humane considerations present to determine whether a grant of relief is in the best interests of this country.” Matter of Tijam, 22 I. & N. Dec. 408 (BIA 1988). To satisfy the abuse of discretion standard of review, the IJ and BIA must take into account all relevant factors without acting in an arbitrary, illegal, or irrational fashion. Ca sem v. I.N.S., 8 F.3d 700, 702 (9th Cir.1993) (citing Braun v. I.N.S., 992 F.2d 1016, 1019 (9th Cir.1993)).

The IJ and BIA did not err by considering Sandoval’s initial entry…