Eleonore Rotraut Banks v. Immigration and Naturalization Service

Petitioner, Eleonore Rotraut Banks (Banks), appeals from an order of the Board of Immigration Appeals (BIA) dismissing her appeal from a decision by an immigration judge denying her application for suspension of deportation. The immigration judge found that Banks had satisfied two of the statutory requirements (good moral character and physical presence), but found her ineligible under the statute because she had failed to establish extreme hardship either to herself or to her citizen child. 8 U.S.C. § 1254 (a)(1). This court has jurisdiction to review the BIA’s order pursuant to 8 U.S.C. § 1105a.

Banks, accompanied by her then twelve-year old son Hans, entered this country as a nonimmigrant visitor in 1968. Shortly thereafter, she married an American citizen, and in 1969 gave birth to a daughter, Diana.

Deportation proceedings were initiated against Banks in 1971, at which time she requested a hearing and applied to have her status adjusted to that of a permanent resident alien. After the hearing, the immigration judge found her to be deportable. Banks’ appeal to the BIA was dismissed in 1973.

In 1975, Banks petitioned to have her deportation proceedings reopened and to be…