At page 546 Reviewing immigration judge's speculative unfavorable factors21 citing cases“the record reflects nothing more than pure speculation on this point; the immigration judge was not justified in considering this bare speculation . . . .”
- Singh v. Garland, 118 F.4th 1150 (9th Cir. 2024).published(The record reflects nothing more than pure speculation on this point; the Immigration Judge was not justified in considering this bare speculation . . . .)
- United States v. Andrade-Partida, 110 F. Supp. 2d 1260 (N.D. Cal. 2000).published(in determining existence of “extreme hardship” under section 244(a), BIA should consider hardship to deportee’s children if separated from their *1268 parent, and “any consequent costs for the care and placement of the…)
- Cervantes, 22 I. & N. Dec. 560 (BIA 1999).publishedDe La Luz v. INS, 713 F.2d 545, 546 (9th Cir. 1983).
- R-s-j, 22 I. & N. Dec. 863 (BIA 1999).publishedDe La Luz v. INS, 713 F.2d 545, 546 (9th Cir. 1983); see also Ahwazi v. INS, 751 F.2d 1120, 1122-23 (9th Cir. 1985) (emphasizing that the Board must state its reasons and show proper consid- eration of all factors when weighing equities an…
- Vitalis Amaefule Ugwoeznuonu v. Immigr. & Naturalization Serv., 66 F.3d 337 (9th Cir. 1995).unpublishedHernandez-Luiz v. INS, 869 F.2d 469, 499 (9th Cir.1989); De La Luz v. INS, 713 F.2d 545, 546 (9th Cir.1983).
- Robert W. Schmidt v. Immigr. & Naturalization Serv., 15 F.3d 1089 (9th Cir. 1993).published The BIA is "not justified in considering this bare speculation as an unfavorable factor." De La Luz v. INS, 713 F.2d 545, 546 (9th Cir.1983) (per curiam).
- Juan Cerrillo-Perez & Magdalena Cerrillo-Garcia v. Immigr. & Naturalization Serv., 809 F.2d 1419 (9th Cir. 1987).publishedAnd more recently we remanded a case to the BIA because “consideration ... should be given to the hardship to petitioner’s citizen children if separated from their mother [upon her deportation] and any consequent cost for the care and plac…
- Aliakbar Fazelihokmabad v. Immigr. & Naturalization Serv., 794 F.2d 1470 (9th Cir. 1986).publishedIn denying a motion to reopen, the BIA must weigh both favorable and unfavorable factors, De La Luz v. INS, 713 F.2d 545, 546 (9th Cir.1983), and the BIA must state its reasons when weighing equities and denying relief.
- Josefina Gonzalez Batoon v. Immigr. & Naturalization Serv., 791 F.2d 681 (9th Cir. 1986).publishedHowever, a majority of the panel, relying on our pre-Rios-Pineda decision in De La Luz v. INS, 713 F.2d 545, 546 (9th Cir.1983) (per curiam), held the Board, in exercising its administrative discretion to deny reopening, must consider all…
- Adela Hernandez-Ortiz v. Immigr. & Naturalization Serv., 777 F.2d 509 (9th Cir. 1985).publishedSee Patel v. INS, 741 F.2d 1134, 1137 (9th Cir.1984); De La Luz v. INS, 713 F.2d 545, 546 (9th Cir.1983).
Show 9 more citing cases
- Ian George Mattis v. United States Immigr. & Naturalization Serv., 774 F.2d 965 (9th Cir. 1985).publishedDe La Luz v. INS, 713 F.2d 545, 546 (9th Cir.1983).
- Ian George Mattis v. United States Immigr. & Naturalization Serv., 756 F.2d 748 (9th Cir. 1985).publishedDe La Luz v. INS, 713 F.2d 545, 546 (9th Cir.1983).
- Abimael Perez-Santiago v. Immigr. & Naturalization Serv., 15 F.3d 1088 (9th Cir. 1993).published See De La Luz v. INS, 713 F.2d 545, 546 (9th Cir.1983).
- Chinchilla Castaneda v. Holder, 404 F. App'x 165 (9th Cir. 2010).unpublished(noting that, among favorable fac tors to be considered on remand was additional evidence of hardship to the petitioner’s children)
- Herman Saldana v. Immigr. & Naturalization Serv., 762 F.2d 824 (9th Cir. 1986).published See also De La Luz v. INS, 713 F.2d 545, 546 (9th Cir.1983) (per curiam) (BIA must view situation realistically).
- Anthony Corbett Sullivan v. Immigr. & Naturalization Serv., 772 F.2d 609 (9th Cir. 1985).published See also De La Luz v. INS, 713 F.2d 545, 546 (9th Cir.1983) (per curiam) (BIA must view situation realistically).
- Saied Parcham v. Immigr. & Naturalization Serv., 769 F.2d 1001 (4th Cir. 1985).published In that case, dealing with the denial of an alien’s request for suspension of deportation, another type of discretionary relief from a deportation order, the court sketched the limits of the Attorney General’s or his delegate’s discretion…
- Beatriz Jose Dragon, AKA Barbara J. Cunningham v. Immigr. & Naturalization Serv., 748 F.2d 1304 (9th Cir. 1984).publishedSee, e.g., De La Luz v. INS, 713 F.2d 545, 546 (9th Cir.1983) (per curiam) (suspension of deportation).
- Dragon v. Immigr. & Naturalization Serv., 748 F.2d 1294 (9th Cir. 1984).publishedSee, e.g., De La Luz v. INS, 713 F.2d 545, 546 (9th Cir.1983) (per curiam) (suspension of deportation).
At page 545 agencies abuse their discretion when they distort an important aspect of an alien's claim9 citing cases
- United States v. Manuel Gonzalez-Melchor, 511 F. App'x 646 (9th Cir. 2013).unpublishedIn considering whether to grant a request for voluntary departure, an Immigration Judge must “weigh both favorable and unfavorable factors.” Campos-Granillo v. INS, 12 F.3d 849, 852 (9th Cir.1994) (quoting De La Luz v. INS, 713 F.2d 545, 5…
- Eddie Harry Kwabena Amoakuh v. Immigr. & Naturalization Serv., 81 F.3d 167 (9th Cir. 1996).unpublishedSee Watkins v. INS, 63 F.3d 844, 849 (9th Cir.1995) (finding abuse of discretion when BIA ignored psychological reports detailing the effect of deportation on the alien's children); Jara-Navarette, 813 F.2d at 1344 (finding abuse of discre…
- Behrooz Nikkhou Mofrad v. Immigr. & Naturalization Serv., 30 F.3d 139 (9th Cir. 1994).unpublished (agencies abuse their discretion when they distort an important aspect of an alien's claim)
- Carlos Adolfo Campos-Granillo v. Immigr. & Naturalization Serv., 12 F.3d 849 (9th Cir. 1994).publishedOne such guidepost is the requirement that the agency “must weigh both favorable and unfavorable factors.” De la Luz v. INS, 713 F.2d 545, 545 (9th Cir.1983). 8 The IJ is required to weigh favorable and unfavorable factors by “evaluating]…
- Clement C. Nwabueze v. U.S. Immigr. & Naturalization Serv., 976 F.2d 737 (9th Cir. 1992).unpublished (abuse of discretion arose not from finding of extreme hardship, but rather from failure to consider favorable factors before denying discretionary relief)
- Peyman Bahadori v. U.S. Immigr. & Naturalization Serv., 947 F.2d 949 (9th Cir. 1991).unpublishedDe La Luz v. INS, 713 F.2d 545, 545-46 (9th Cir.1983).
- Reynaldo Polar Valda v. U.S. Immigr. & Naturalization Serv., 947 F.2d 952 (9th Cir. 1991).unpublishedDe La Luz v. INS, 713 F.2d 545, 545 (9th Cir.1983).
- Vivian Van Hoven v. Immigr. & Naturalization Serv., 57 F.3d 1079 (9th Cir. 1995).publishedSee De La Luz v. INS, 713 F.2d 545, 545 (9th Cir. 1983).
- Josefina Gonzales-Batoon v. Immigr. & Naturalization Serv., 767 F.2d 1302 (9th Cir. 1985).published See De La Luz v. I.N.S., 713 F.2d 545, 545 (9th Cir.1983).
At page 547 cited at this page1 citing case
- Hossein Hamzavi v. Immigr. & Naturalization Serv., 46 F.3d 1141 (9th Cir. 1995).unpublished For support, petitioner cites the following cases: Gonzalez Batoon v. INS, 791 F.2d 681 (9th Cir. 1986); De La Luz v. INS, 713 F.2d 545, 547 (9th Cir. 1983); Santana-Figueroa v. INS, 644 F.2d 1354, 1357 (9th Cir. 1981).
At page 553 cited at this page1 citing case
- Ultegra Fin. Partners, Inc. v. Marzolf, No. 1:19-cv-00038 (D. Colo. Mar. 3, 2020).Once the court has adequate time records before it, “it must then ensure that the winning attorneys have exercised ‘billing judgment.’” Id. (quoting Ramos v. Lamm, 713 F.2d 545, 553 (10th Cir. 1983).
v.
IMMIGRATION AND NATURALIZATION SERVICE, Respondent
Eloisa Rodriguez-de la Luz (Petitioner) petitions for review of the decision of the Board of Immigration Appeals dismissing her appeal from the denial of suspension of deportation. The Immigration Judge had found that Petitioner met the statutory requirements for suspension of deportation under 8 U.S.C. § 1254(a)(1) because her six American citizen children would suffer extreme hardship if Petitioner were deported to Mexico. The Immigration Judge, however, denied relief as a matter of administrative discretion.
Our review of the BIA’s exercise of discretion is narrow. INS v. Wang, 450 U.S. 139, 145, 101 S.Ct. 1027, 1031, 67 L.Ed.2d 123 (1981); Santana-Figueroa v. INS, 644 F.2d 1354, 1355 (9th Cir.1981). When important aspects of the alien’s claim are distorted or disregarded, however, denial of relief may be an abuse of discretion. Santana-Figueroa, 644 F.2d at 1354. In addition, discretionary decisions must weigh both favorable and unfavorable factors. In re Riccio, 15 I. & N. 548-49 (1976). We find that the Immigration Judge abused his discretion.
[*546] FACTS
Petitioner, a 36 year-old native and citizen of Mexico, entered the United States without inspection in 1963 as the sixteen-year-old bride of Margarito de la Luz, a permanent resident alien who failed to apply for permanent legal status for his wife.
Petitioner and her husband lived together for approximately six years following their marriage. Following his hospitalization in 1968 for acute alcoholism, Petitioner’s husband lived on and off with Petitioner and their children. Petitioner testified that she had no money to feed her children and was unable to obtain employment because of family responsibilities. Petitioner and her husband received welfare assistance from September 1968 to June 1971 and from May 1972 to September 1974; since 1974 only the children have received assistance. Petitioner’s husband died of acute alcoholism in 1982, following the decision that is the subject of this appeal
Decision of the Immigration Judge
The Immigration Judge denied relief based on several factors which he viewed as unfavorable. The Immigration Judge obviously viewed as unfavorable Petitioner’s attempts to maintain her family. He felt it “inexcusable” for Petitioner to have “put up” with a husband who “contributed nothing to her support” but added to her burdens by “fathering additional children.” We note that the effect of the Immigration Judge’s treatment of Petitioner’s situation comes perilously close to penalizing Petitioner for the practice of her Catholic religion.
The Immigration Judge also stated that Petitioner had done “nothing to support herself” in this country. While caring for her six children regrettably does not produce income, the Immigration Judge’s remarks reflect at best a total failure to view Petitioner’s situation realistically.
In addition, the Immigration Judge’s decision reflects his unwarranted inference that Petitioner has committed welfare fraud. The record reflects nothing more than pure speculation on this point; the Immigration Judge was not justified in considering this bare speculation as an unfavorable factor.
Finally, we note that while the Immigration Judge stated that the investigative report conducted by the government contained “both favorable and unfavorable items or information,” the written decision does not reflect any consideration of the favorable factors. On remand, favorable factors should be fully considered. In addition to considering favorable factors, consideration on remand should be given to the hardship to Petitioner’s citizen children if separated from their mother and any consequent costs for the care and placement of the children at public expense.
REVERSED AND REMANDED.