Cabardo

MEMORANDUM **

Dennis Juarez Cabardo appeals the decision of the Board of Immigration Appeals, which affirmed without opinion the decision of the immigration judge (IJ) to deny Cabardo discretionary relief from deportation. We deny the petition for review.

1. Waiver under § 211(a)(1)(H)

The IJ’s statement that Cabardo did not occupy an “indispensable posture visa vie [sic] the family” did not unlawfully impose an additional eligibility requirement upon him. This statement was clearly made in the context of the discretionary determination rather than the eligibility requirements. As such, it was a legitimate adverse factor for the IJ to consider, and is supported by testimony from Cabardo’s family members.

Nor did the IJ err by considering Cabardo’s “failure to seek forgiveness” as an adverse factor in the balancing to determine whether to grant discretionary relief. INS v. Yang, 519 U.S. 26, 32 , 117 S.Ct. 350 , 136 L.Ed.2d 288 (1996).

Accordingly, the IJ did not abuse his discretion in denying the discretionary waiver. See Braun v. INS, 992 F.2d 1016, 1019 (9th Cir.1993) (describing the standard of review).

2. Suspension of Deportation

The IJ did not err by retroactively…