Agaton

MEMORANDUM *

Napoleon Ruiz Agaton (Agaton), a native and citizen of the Philippines, petitions for review of the Board of Immigration Appeals’ (BIA) streamlined decision summarily affirming the Immigration Judge’s (IJ) denial of a waiver of a misrepresentation that resulted in Agaton’s removal. Agaton also appeals the BIA’s denial of his motion to remand/reopen his case.

To qualify for relief under INA § 237(a)(1)(H), 8 U.S.C. § 1227 (a)(1)(H), (waiver of misrepresentation that rendered the alien inadmissible or subject to removal), Agaton had to establish that he was statutorily eligible and that he merited relief in the exercise of discretion. The IJ found that Agaton was statutorily eligible for relief because he had a qualifying relative. However, after balancing the favorable and adverse factors in Agaton’s case, the IJ denied Agaton’s request for a waiver of his misrepresentation that he was single. 1 The IJ’s denial of the requested waiver resulted solely from the exercise of her discretion.

Pursuant to INA § 242(a)(2)(B)(ii), 8 U.S.C. § 1252 (a)(2)(B)(ii), we do not have jurisdiction to review any “decision or action of the Attorney General the authority *124 for which…