Vuthisit Prapavat and Jongchit Prapavat v. Immigration and Naturalization Service

Mr. & Mrs. Prapavat petition for review of a decision of the Board of Immigration Appeals (BIA) denying their applications for suspension of deportation. Petitioners argue that the Board abused its discretion in concluding that extreme hardship had not been shown. We agree, and reverse.

The petitioners are natives and citizens of Thailand. Mr. Prapavat entered the United States on a student visa, and Mrs. Prapavat entered as the spouse of a student. The Immigration and Naturalization Service (INS) instituted deportation proceedings against both petitioners on the ground that they had overstayed their visas. At their joint deportation hearing, petitioners conceded deportability and applied for suspension of deportation. The Immigration Judge denied their applications, and the BIA affirmed. The Prapavats petition for review pursuant to 8 U.S.C. § 1105a.

Under 8 U.S.C. 1254(a), the Attorney General has the discretion to suspend the deportation of any alien who satisfies certain statutory prerequisites. The prerequisites vary depending on the underlying basis for deportation. Aliens such as petitioners, who were found deportable for having overstayed their nonimmigrant visas, 8…