Josefina Gonzalez Batoon v. Immigr. & Naturalization Serv., 707 F.2d 399 (9th Cir. 1983). · Go Syfert
Josefina Gonzalez Batoon v. Immigr. & Naturalization Serv., 707 F.2d 399 (9th Cir. 1983). Cases Citing This Book View Copy Cite
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cited 2× by 2 distinct cases, last quoted 1997 · …cursory, summary, or conclusory statements are inadequate. at p. 401 ✓
74 citation events (4 in the last 25 years) across 9 distinct courts.
Strongest positive: Alejandro Reyes-Melendez v. Immigration and Naturalization Service (ca9, 2003-09-04)
Treatment trajectory · 1984 → 2026 · click a year to view as-of
1984 2005 2026
Top citers, strongest first. 40 distinct citers. How cited ↗
discussed Cited as authority (rule) Alejandro Reyes-Melendez v. Immigration and Naturalization Service
9th Cir. · 2003 · confidence medium
See, e.g., Urbina-Osejo v. INS, 124 F.3d 1314, 1318-19 (9th Cir.1997) (error not to consider work as volunteer telephone counselor for AIDS organization as “special assistance to the community,” and for not considering economic hardship arising from return to country with “struggling economy”); Gutierrez-Centeno, 99 F.3d at 1534 (error for faihng to consider non-existent family ties in country of origin, and finding that care of patients with HIV, Alzheimer’s, and developmentally disabled “merits the most serious consideration”); Tukhowinich v. INS, 64 F.3d 460, 463-64 (9th Cir.1…
discussed Cited as authority (rule) CERVANTES (2×) also: Cited "see, e.g."
BIA · 1999 · confidence medium
As emphasized in Watkins v. INS, supra, at 850, we are required to “‘consider all relevant factors cumulatively in deciding whether extreme hardship has been established.’ Batoon, 707 F.2d at 401 (emphasis added); see also Dragon v. INS, 748 F.2d 1304, 1306 (9th Cir. 1984); Santana- Figueroa v. INS, 644 F.2d 1354, 1357 (9th Cir. 1981).” The court stressed that “the BIA correctly stated the law, but failed to apply it correctly.
cited Cited as authority (rule) TIJAM
BIA · 1998 · confidence medium
A denial of a waiver is reviewed for an abuse of discretion, See Hernandez-Robledo v. INS, 777 F.2d 536 (9th Cir. 1985); Batoon v. INS, 707 F.2d 399, 401 (9th Cir. 1983).
cited Cited as authority (rule) Romualdo Joaquin Navarro v. Immigration and Naturalization Service
9th Cir. · 1997 · confidence medium
"Cursory, summary, or conclusory statements are inadequate." Batoon v. INS, 707 F.2d 399, 401 (9th Cir.1983).
discussed Cited as authority (rule) Anant Ram, Reeta Lata Ram, Sangeeta Ram, and Nazra Bibi Ram v. Immigration and Naturalization Service (2×) also: Cited "see"
9th Cir. · 1997 · confidence medium
Batoon v. INS, 707 F.2d 399, 401 (9th Cir.1983). "[W]hen important aspects of the individual claim are distorted or disregarded, the BIA has abused its discretion." Cerrillo-Perez v. INS, 809 F.2d 1419, 1422 (9th Cir.1986).
discussed Cited as authority (rule) O-J-O
BIA · 1996 · confidence medium
Rev. 1286 , 1396 (1983); Ravancho v. INS, 658 F.2d 169 (3d Cir. 1981). 401 Interim Decision #3280 1995) (failure to consider all factors); Turri v. INS, 997 F.2d 1306 (10th Cir. 1993) (failure to consider substantial involvement and work in the commu- nity); Cerillo-Perez v. INS, 809 F.2d 1419 (9th Cir. 1987) (failure to ade- quately consider hardship to qualifying family members); Saldana v. INS, 762 F.2d 824 (9th Cir. 1985), amended, 785 F.2d 650 (9th Cir. 1986) (distor- tion and disregard of important factors is failure to consider all relevant fac- tors); Batoon v. INS, 707 F.2d 399, 402 (…
discussed Cited as authority (rule) Guerrero-Jiron v. Schiltgen
N.D. Cal. · 1996 · confidence medium
“The stay may not be denied arbitrarily, irrationally, or contrary to law. ‘Cursory, summary, or conclusory statements are inadequate.’ When a request for a stay is denied, the ruling body must give reasons for its decision that demonstrate that it has fully considered the request.” Butros, 804 F.Supp. at 1339 (quoting Batoon v. INS, 707 F.2d 399, 401 (9th Cir.1983)) (internal citations omitted).
discussed Cited as authority (rule) Zenaida Adviento WATKINS, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent (2×) also: Cited "see, e.g."
9th Cir. · 1995 · confidence medium
The BIA “must consider all relevant factors cumulatively in deciding whether extreme hardship has been established.” Batoon, 707 F.2d at 401 (emphasis added); see also Dragon v. INS, 748 F.2d 1304, 1306 (9th Cir.1984); Santana-Figueroa v. INS, 644 F.2d 1354, 1357 (9th Cir.1981).
cited Cited as authority (rule) Julieta Vitug Biggs v. Immigration and Naturalization Service
9th Cir. · 1995 · confidence medium
Batoon v. I.N.S., 707 F.2d 399, 401 (9th Cir.1983).
cited Cited as authority (rule) Ramiro Corona-Rocha v. Immigration and Naturalization Service
9th Cir. · 1994 · confidence medium
See Mattis v. INS, 774 F.2d 965, 969 (9th Cir.1985); Batoon v. INS, 707 F.2d 399, 401 (9th Cir.1983).
discussed Cited as authority (rule) Yasser Abdulrahim Shooshtary v. Immigration & Naturalization Service (2×)
9th Cir. · 1994 · confidence medium
Hassan v. INS, 927 F.2d 465, 467 (9th Cir.1991); Batoon v. INS, 707 F.2d 399, 401 (9th Cir.1984).
discussed Cited as authority (rule) Adan Delgado-Lopez v. Immigration & Naturalization Service
9th Cir. · 1994 · confidence medium
"Cursory, summary, or conclusory statements are inadequate." Batoon v. INS, 707 F.2d 399, 401 (9th Cir.1983). 17 Accordingly, the decision of the BIA is REVERSED. * Honorable Harlington Wood, Jr., Senior United States Circuit Judge for the Seventh Circuit, sitting by designation ** This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3
discussed Cited as authority (rule) Elva Eusevia Flores De Diaz v. Immigration and Naturalization Service (2×)
9th Cir. · 1994 · confidence medium
Batoon v. INS, 707 F.2d 399, 401 (9th Cir.1983).
cited Cited as authority (rule) Abdul Ganny Jaji v. Immigration and Naturalization Service
9th Cir. · 1993 · confidence medium
When it denies suspension of deportation, it must give reasons showing that it has considered all relevant factors." Batoon v. INS, 707 F.2d 399, 401 (9th Cir.1983) (citations omitted).
cited Cited as authority (rule) Demoz Kidane v. Immigration and Naturalization Service
9th Cir. · 1992 · confidence medium
Ramon-Sepulveda v. INS, 743 F.2d 1307, 1309 (9th Cir.1984) (citing Batoon v. INS, 707 F.2d 399, 401 (9th Cir.1983)).
discussed Cited as authority (rule) Ismet Yazkurt v. Immigration and Naturalization Service (2×) also: Cited "see"
9th Cir. · 1992 · confidence medium
See, e.g., Mattis v. United States INS, 774 F.2d 965, 967 (9th Cir.1985); Batoon v. INS, 707 F.2d 399, 401 (9th Cir.1983).
cited Cited as authority (rule) Butros v. Immigration & Naturalization Service
D. Or. · 1991 · confidence medium
Batoon v. INS, 707 F.2d 399, 401 (9th Cir.1983).
discussed Cited as authority (rule) Andrew Bamidele Bull v. Immigration and Naturalization Service an Agency of the United States Department of Justice
11th Cir. · 1986 · confidence medium
Mattis, 774 F.2d at 967 (“the BIA’s denial of relief can be affirmed only on the basis articulated in the decision"); Batoon v. I.N.S., 707 F.2d 399, 401-02 (9th Cir.1983) (cannot assume that the BIA considered factors that it failed to mention in its decision); Ro v. I.N.S., 670 F.2d 114, 116 (9th Cir.1982) ("A BIA decision can be affirmed only on the basis articulated in the decision.”); Phinpathya v. I.N.S., 673 F.2d 1013, 1020 (9th Cir.1981); Patel v. I.N.S., 638 F.2d 1199, 1201 (9th Cir.1980).
examined Cited as authority (rule) Herman Saldana v. Immigration and Naturalization Service (4×)
9th Cir. · 1986 · confidence medium
A motion to reopen must be based upon new material evidence which was not available and which the alien could not have discovered or presented at the prior hearing. 8 C.F.R. § 3.2 (1984); Batoon v. INS, 707 F.2d 399, 401 (9th Cir.1983) (citing INS v. Wang, 450 U.S. 139, 140-41 , 101 S.Ct. 1027, 1029 , 67 L.Ed.2d 123 (1981) (per curiam)).
cited Cited as authority (rule) Ian George Mattis v. United States Immigration and Naturalization Service
9th Cir. · 1985 · confidence medium
Batoon v. INS, 707 F.2d 399, 401 (9th Cir.1983).
discussed Cited as authority (rule) Saied Parcham v. Immigration and Naturalization Service (2×)
4th Cir. · 1985 · confidence medium
Batoon v. INS, 707 F.2d 399, 402 (9th Cir.1983).
discussed Cited as authority (rule) Josefina Gonzales-Batoon v. Immigration and Naturalization Service (2×)
9th Cir. · 1985 · confidence medium
Evidence of that unusual hardship should have been considered independently of the adequacy of available care in the Philippines. 3 Batoon, 707 F.2d at 402 (emphasis added). 4 When the BIA addressed the psychiatric report that concluded that deportation likely would cause Batoon serious psychological illness, it dismissed the report's significance by noting that there was no indication that adequate medical care would be unavailable in the Philippines.
cited Cited as authority (rule) Pacific Atlantic Trading Co., Inc. v. The M/V Main Express
3rd Cir. · 1985 · confidence medium
Raffaele, 707 F.2d at 399.
cited Cited as authority (rule) Pacific Atlantic Trading Co. v. The M/V Main Express
9th Cir. · 1985 · confidence medium
Raffaele, 707 F.2d at 399.
cited Cited as authority (rule) Ian George Mattis v. United States Immigration and Naturalization Service
9th Cir. · 1985 · confidence medium
Batoon v. INS, 707 F.2d 399, 401 (9th Cir.1983).
discussed Cited as authority (rule) Karim Heydari Ahwazi v. Immigration and Naturalization Service, David Marshall Sahabandu v. Immigration and Naturalization Service (2×)
9th Cir. · 1985 · confidence medium
Ramon-Sepulveda v. INS, 743 F.2d 1307, 1309 (9th Cir.1984); Batoon v. INS, 707 F.2d 399, 401 (9th Cir.1983). 7 The scope of our review of the BIA's decisions in these cases is further circumscribed by the discretion conferred upon the Attorney General and his delegates--in this case, the BIA--to reopen deportation proceedings. 8 C.F.R.
discussed Cited as authority (rule) Sang Seup Shin v. Immigration and Naturalization Service (2×)
D.C. Cir. · 1984 · confidence medium
E.g., Luna v. INS, 709 F.2d 126 (1st Cir.1983); Batoon v. INS, 707 F.2d 399, 401-02 (9th Cir.1983); Chae Kim Ro, 670 F.2d at 116 ; Sida, 665 F.2d at 854-55 ; Prapavat v. INS, 662 F.2d 561 (9th Cir.1981) (per curiam) (on rehearing in light of Wang ). 5 10 The BIA's exercise of discretion in ruling on reopening motions is linked to its projection of the likelihood that the applicant would be granted the relief sought if reopening were permitted.
cited Cited as authority (rule) Dragon v. Immigration & Naturalization Service
9th Cir. · 1984 · confidence medium
Batoon v. INS, 707 F.2d 399, 401 (9th Cir.1983).
discussed Cited as authority (rule) Beatriz Jose Dragon, AKA Barbara J. Cunningham v. Immigration and Naturalization Service
9th Cir. · 1984 · confidence medium
Batoon v. INS, 707 F.2d 399, 401 (9th Cir.1983). 9 The considerations underlying these important safeguards apply with equal force to the BIA's decisions whether to grant permission to reapply for admission to the United States.
cited Cited as authority (rule) Job Carrete-Michel v. Immigration and Naturalization Service
8th Cir. · 1984 · confidence medium
Batoon v. Immigration and Naturalization Service, 707 F.2d 399, 401-02 (9th Cir.1983); cf. Rios-Pineda, 720 F.2d at 533 n. 3.
discussed Cited as authority (rule) Jose Ramon-Sepulveda v. Immigration and Naturalization Service
9th Cir. · 1984 · confidence medium
“The BIA may not act in any way that is arbitrary, irrational, or contrary to law.” Batoon v. INS, 707 F.2d 399, 401 (9th Cir.1983). 6 DISCUSSION The applicable INS regulation covering motions to reopen reads: A motion to reopen will not be granted unless the [immigration judge] is satisfied that the evidence sought to be offered is material and was not available and could not have been discovered or presented at the hearing. *1310 8 C.F.R. § 242.22 (1983) (emphasis added).
cited Cited as authority (rule) Gangaram N. Patel and Jasuben G. Patel v. Immigration and Naturalization Service
9th Cir. · 1984 · confidence medium
Batoon v. INS, 707 F.2d 399, 401 (9th Cir.1983). 1.
discussed Cited as authority (rule) Bernardo Rios-Pineda and Estarnilada Rios-Pineda De Rios v. United States Department of Justice, Immigration & Naturalization Service (2×) also: Cited "see"
8th Cir. · 1984 · confidence medium
Such “disregard” is necessarily present in some form in most deportation proceedings, however, and we find reliance on this factor to be “arbitrary, irrational, [and] contrary to the law.” Batoon v. INS, 707 F.2d 399, 401 (9th Cir.1983) (citation omitted).
discussed Cited "see" Ramon Ramirez-Alejandre v. John Ashcroft, Attorney General (2×)
9th Cir. · 2003 · signal: see · confidence high
See Batoon v. INS, 707 F.2d 399, 402 (9th Cir.1983).
cited Cited "see" Ramirez-Alejandre v. Ashcroft
9th Cir. · 2003 · signal: see · confidence high
See Batoon v. INS, 707 F.2d 399, 402 (9th Cir.1983).
discussed Cited "see" Abdul Ganny Jaji v. Immigration and Naturalization Service
9th Cir. · 1998 · signal: see · confidence high
See Watkins, 63 F.3d at 849 (quoting Batoon v. INS, 707 F.2d 399, 402 (9th Cir.1983)). 6 Accordingly, the BIA abused its discretion in denying Jaji's October 1993 motion to reopen, and in denying his December 1995 motion to reopen in which the BIA reconsidered the psychiatrist's affidavit.
cited Cited "see" Elisa De La Merced v. Immigration and Naturalization Service
9th Cir. · 1996 · signal: see · confidence high
See generally Batoon v. INS, 707 F.2d 399, 401 (9th Cir.1993).
cited Cited "see" Josefina Gonzalez Batoon v. Immigration & Naturalization Service
9th Cir. · 1986 · signal: see · confidence high
See Batoon v. INS, 707 F.2d 399 (9th Cir.1983).
cited Cited "see" Antonio Hernandez-Robledo v. Immigration and Naturalization Service
9th Cir. · 1985 · signal: accord · confidence high
Accord Batoon v. INS, 707 F.2d 399, 401 (9th Cir.1983); Ro v. INS, 670 F.2d 114, 116 (9th Cir.1982).
cited Cited "see, e.g." Herman Saldana v. Immigration and Naturalization Service
9th Cir. · 1986 · signal: see, e.g. · confidence low
See, e.g., Gonzales-Batoon v. INS, 707 F.2d 399 (9th Cir.1983).
Retrieving the full opinion text from the archive…
Josefina Gonzalez BATOON, Petitioner,
v.
IMMIGRATION & NATURALIZATION SERVICE, Respondent
82-7002, 82-7384.
Court of Appeals for the Ninth Circuit.
May 31, 1983.
707 F.2d 399
1983 U.S. App. LEXIS 27243
Paul Bovarnick, Oregon Legal Services Corp., Hillsboro, Or., for petitioner., Lauri Steven Filppu, Dept, of Justice, Washington, D.C., for respondent.
Wright, Choy, Skopil.
Cited by 47 opinions  |  Published
EUGENE A. WRIGHT, Circuit Judge:

Batoon has petitioned for review of two decisions of the Board of Immigration Appeals (BIA). She contends that in its denial of suspension of deportation it did not consider all the evidence and construed extreme hardship too strictly. She contends that in its denial of her motion to reopen the proceedings it disregarded and distorted portions of the evidence.

FACTS

Batoon, a 56-year-old native and citizen of the Philippines, entered this country in 1969 as a visitor for pleasure. She came here to convince a sick uncle who lived in Conrad, Montana to return to the Philippines. When he refused, she decided to stay and care for him, and became co-owner of his home.

In 1973 Batoon’s uncle died and she became the sole owner of the home. To repay funeral debts, she moved to Los Angeles to find work but returned to Conrad in 1977, and has lived there since, working at clerical jobs. She has not received public or private relief or assistance while in this country.

Batoon now lives with her cousin in her late uncle’s home. She works as a clerk for the Conrad Water Department. Affidavits attesting to her good character and good reputation in the community were submitted. She has relatives in the United[*401] States, but her immediate family remains in the Philippines.

In 1971 Batoon was found deportable, based on overstaying her visa. Between 1970 and 1979 five private bills were introduced in Congress on her behalf, but none was enacted.

In 1979 Batoon’s motion to reopen the proceedings was granted. Her application for suspension of deportation was denied in April 1981. In December of that year the BIA dismissed her appeal from that decision. Batoon’s 1982 motion to reopen the proceedings on the ground of newly discovered evidence was denied and she has petitioned for review of the last two decisions.

I. Suspension of Deportation

Batoon may avoid deportation and be admitted for permanent residence if she (1) has been present in this country for at least seven years immediately preceding her application, (2) is of good moral character, and (3) is a person whose deportation would, in the opinion of the Attorney General, result in extreme hardship to her. 8 U.S.C. § 1254(a)(1). There is no dispute that the first two requirements have been met. Batoon challenges the BIA’s determination that extreme hardship was not established.

The BIA may construe extreme hardship narrowly. INS v. Wang, 450 U.S. 139, 145, 101 S.Ct. 1027, 1031, 67 L.Ed.2d 123 (1981) (per curiam). When it denies suspension of deportation, it must give reasons showing that it has considered all relevant factors. Prapavat v. INS, 662 F.2d 561, 562 (9th Cir.1981). Our inquiry is limited to whether the BIA abused its discretion, exercising it in a way that was arbitrary, irrational, or contrary to law. Santana-Figueroa v. INS, 644 F.2d 1354, 1355-56 (9th Cir.1981).

The BIA found that the emotional trauma of uprooting Batoon after long-term residence in this country was not an unusual hardship. It concluded that difficulty that she may encounter in finding similar employment in the Philippines did not constitute extreme hardship. See Carnalla-Munoz v. INS, 627 F.2d 1004, 1006 (9th Cir.1980).

Batoon contends that the BIA should have granted suspension because the Immigration judge improperly relied on the fact that her presence was the result of introduction of private bills in her behalf. See Asimakopoulos v. INS, 445 F.2d 1362 (9th Cir.1971). The judge’s decision was based on Batoon’s failure to meet the statutory eligibility standards, without consideration of the private bills. His statement that he would have considered them in exercising his administrative discretion is irrelevant.

We conclude that the BIA did not abuse its discretion in denying suspension of deportation.

II. Motion to Reopen

An alien may move to reopen proceedings on the ground that circumstances occurring after the deportation order establish extreme hardship. INS v. Wang, 450 U.S. at 140-41, 101 S.Ct. at 1029; 8 C.F.R. § 3.2 (1980). The motion may be granted if a prima facie case of eligibility is established. Wang, 450 U.S. at 141, 101 S.Ct. at 1029.

We review a denial of a motion to reopen for abuse of discretion. Reyes v. INS, 673 F.2d 1087, 1089 (9th Cir.1982). The BIA may not act in any way that is arbitrary, irrational, or contrary to law. Id. It must consider all relevant factors cumulatively in deciding whether extreme hardship has been established. Prapavat v. INS, 662 F.2d at 562.

The government argues that the board’s recitation of a “brief procedural history” shows that it “obviously considered” all the evidence. However, the board’s discussion of hardship reflects consideration only of medical hardship. It did not consider an important aspect of that evidence.

In reviewing a BIA decision for abuse of discretion, we have required that its stated reasons evidence its consideration of all relevant factors. Id. Cursory, summary, or conclusory statements are inadequate. Id.; accord Ravancho v. INS, 658 F.2d 169, 175 (3d Cir.1981).

[*402] Our rationale for requiring articulation of the bases for denial of suspension of deportation applies equally to motions to reopen:

To affirm on the theory that the Board necessarily considered whatever the petitioner asserted would free the Board of the obligation to articulate a reasoned basis for its decisions, eliminating any guaranty of rationality and foreclosing meaningful review for abuse of discretion.

Santana-Figueroa v. INS, 644 F.2d at 1357. We may not assume that factors not mentioned have been considered by the board.

It considered affidavits of two physicians, one of them a psychiatrist, that Batoon’s health probably will suffer serious deterioration if she is deported. It noted that her hyperthyroidism and hypertension would be aggravated and that she would suffer stress. It concluded that extreme hardship was not established because adequate care is available in the Philippines.

The board apparently ignored the psychiatrist’s opinion that deportation probably will result in effects requiring long-term psychiatric hospitalization, at the least. Evidence of that unusual hardship should have been considered independently of the adequacy of available care in the Philippines. See Phinpathya v. INS, 673 F.2d 1013, 1016 (9th Cir.1982), cert. granted, - U.S. --, 103 S.Ct. 291, 74 L.Ed.2d 275.

The board erred in ignoring this important aspect of the medical evidence and in not considering Batoon’s evidence of social and economic hardship.

The denial of the application for suspension of deportation is AFFIRMED. The denial of the motion to reopen is REVERSED and REMANDED for proper consideration.