TIJAM

Citations

• 22 I. & N. Dec. 408

Syllabus

TIJAM, 22 I&N Dec. 408 (BIA 1998) ID 3372 (PDF) (1) In making the discretionary determination on a waiver of deportability pursuant to section 241(a)(1)(H) of the Immigration and Nationality Act, 8 U.S.C. § 1251(a)(1)(H) (1994), an Immigration Judge should consider the aliens initial fraud or misrepresentation in the overall assessment of positive and negative factors. (2) The Board of Immigration Appeals declines to follow the policy set forth by the Commissioner of the Immigration and Naturalization Service in Matter of Alonzo, 17 I&N Dec. 292 (Comm'r 1979), that the underlying fraud or misrepresentation for which the alien seeks a waiver should be disregarded.