Deoderico Polintan San Pedro v. John Ashcroft, Attorney General
Opinion
Opinion
Nelson, J.
Deoderico San Pedro petitions for review of the Board of Immigration Appeals’ (BIA) affirmance of the decision of the immigration judge (IJ) to deny San Pedro a waiver of removal under Immigration and Nationality Act (INA) § 237(a)(1)(H), 8 U.S.C. § 1227 (a)(1)(H) (2001). Because San Pedro’s appeal was summarily affirmed by the BIA, we review the IJ’s decision as the final agency action. See Falcon Carriche v. Ashcroft, 350 F.3d 845, 849 (9th Cir.2003).
San Pedro, a citizen of the Philippines, entered the United States in 1987 on a preference visa as the unmarried son of a United States citizen. He willfully misrepresented to the INS that he was unmarried. In fact, however, he had been married since 1983 to a woman living in the Philippines.
In April 2000, the INS issued a Notice to Appear to San Pedro charging him with removabililty under INA § 237(a)(1)(A), 8 U.S.C. § 1227 (a)(1)(A), for being an inadmissible alien at the time of entry under INA § 212(a)(6)(C)®, 8 U.S.C. § 1182 (a)(6)(C)(i). San Pedro conceded removability, but sought several forms of relief: a waiver under INA § 237(a)(1)(H), cancellation of removal and, in the alternative, voluntary departure.