GUTIERREZ

Interim Decision #3047 MATTER OF GUTIERREZ In Exclusion Proceedings A 28737'747 - Decided by Board March 11, 1988 (1)An immigration judge may permit an alien in exclusion proceedings to withdraw his application for admission; however, an alien may not be permitted to with- draw his application for admission unless he satisfies the immigration judge that factors directly relating to the issue of his admissibility indicate that 'justice may best be served" by permitting withdrawal and that he possesses both the intent and the means to depart immediately from the United States. (2)A balancing of…