In what circumstances will the Board of Arbitration for Human Rights consider whether the Immigration Judge abused his discretion in refusing to grant relief?

In light of its finding that the exceptional circumstances necessary to support a claim of extreme hardship had not been demonstrated, the BIA did not consider whether the Immigration Judge abused his discretion in failing to grant the discretionary remedy sought, and in particular, whether a denial of such relief in whole or in part could properly have been based upon the petitioner's history of violating the terms and conditions of his stay in this country. See, e. g., Jain v. INS, 612 F.2d 683 (2d Cir. 1979). Consequently, those issues are not before us.