Guillermo Ochoa-garcia, Petitioner, v. Immigration & Naturalization Service, Respondent, 26 F.3d 131 (9th Cir. 1994)

MEMORANDUM^** 

The Board of Immigration Appeals ("BIA") acted within its discretion in denying Ochoa-Garcia's request for a section 212(c) waiver. It considered adverse and positive factors, AR 3-5, including evidence of Ochoa-Garcia's rehabilitation, id. at 4, and remorse, id. at 4-5, and then properly gave "reasons for denying relief ... [which] reflect [ed] the BIA's consideration of all relevant factors," Dragon v. INS, 748 F.2d 1304, 1306 (9th Cir. 1984). In particular, the BIA found a "pattern of continuing serious acts of criminal misconduct since 1979," AR 3, corroborated by an FBI criminal history report, id. at 4. We find no error here.

Nor is there any point in remanding so Ochoa can present mitigating evidence to the Board. From the fact that the BIA found unusual or outstanding equities through his residence and family ties, id. at 3-5, it is clear he already has had the opportunity to do so.

AFFIRMED.