Yepes-Prado v. U.S. Immigration and Naturalization Service

Yepes-Prado (plaintiff), lawfully admitted in 1974 and steadily employed since, was ordered deportable after a 1984 drug conviction. Conceding deportability, he sought a discretionary waiver under section 212(c) of the Immigration and Naturalization Act, which requires weighing equities for and against relief. The immigration judge found several equities favored him but denied the waiver anyway, without explaining the weighing process. The Board of Immigration Appeals agreed he had outstanding equities and was eligible for relief but found no error in the denial.

Whether the INS must explain how it weighed the relevant factors and reached its conclusion in a discretionary immigration decision.