H. Mucugia Mwasi v. Immigration & Naturalization Service

Humphrey Mucugia Mwasi, a native and citizen of Kenya who came to the United States in 1963 as a nonimmigrant student, appeals the denial of his application for suspension of deportation. We affirm.

We have withheld disposition of this case pending decision by the court in banc in two cases, Wang v. I. & N.S., 9 Cir., 1980, 622 F.2d 1341 , and Villena v. I. & N.S., 9 Cir., 1980, 622 F.2d 1352 . We conclude that under Villena , the order in the present case should be affirmed.

Eligibility for suspension of deportation is governed by section 244(a)(1) of the Immigration and Nationality Act, 8 U.S.C. § 1254 (a)(1). The Attorney General may, in his discretion, suspend deportation and adjust the status to that of an alien lawfully admitted for permanent residence if the alien has been present in this country continuously for not less than seven years and has during all that time been a person of good moral character, and if deportation would result in “extreme hardship” to the alien, or his citizen spouse or child. Mwasi meets the first two requirements. However, the Administrative Law Judge found that no such extreme hardship would result.

Mwasi came to this country as a student in…