Masnauskas

BACKGROUND

Masnauskas is a 47-year-old native and citizen of Lithua- nia. She arrived in the United States on December 4, 1991, and filed an application for asylum in 1995. On December 4, 1997, Masnauskas married Patricio Somarriba-Rugama (“Somarriba”), a 39-year-old citizen and national of Nicara- gua. Somarriba arrived in the United States in September 1989, and applied for asylum in 1991. Later, he adjusted his status under NACARA § 202 to that of lawful permanent resi- dent.

On July 12, 1996, the Immigration and Naturalization Ser- vice (“INS”)1 commenced deportation proceedings against 1 The INS has been abolished and its functions transferred to the Depart- ment of Homeland Security. See Homeland Security Act of 2002, Pub. L. MASNAUSKAS v. GONZALES 16925 Masnauskas, by serving her with an Order to Show Cause. The INS charged Masnauskas with being deportable as an alien remaining in the United States longer than permitted, in violation of Immigration and Nationality Act (“INA”) § 241(a)(1)(B), 8 U.S.C. § 1251(a)(1)(B) (1994). Masnauskas conceded that she was deportable and requested asylum and withholding of deportation. The IJ found Masnauskas deport-…