Francis v. Perez and Hilda B. Perez v. Immigration and Naturalization Service

Francis and Hilda Perez petition for review of the decision of the Board of Immigration Appeals (BIA) denying their motion to reopen their deportation proceedings to suspend deportation pursuant to § 244(a)(1) of the Immigration and Nationality Act (the Act), 8 U.S.C. § 1254 (a)(1).

Review in this petition is limited to the sole question of whether the BIA abused its discretion in determining that the Perezes had not made out a prima facie case of extreme hardship within the meaning of § 244(a)(1) of the Act. Hun Chak Sun v. Immigration and Naturalization Service, 415 F.2d 791 (9th Cir. 1969), cert. denied, 397 U.S. 908 , 90 S.Ct. 905 , 25 L.Ed.2d 89 (1970); Loza-Bedoya v. Immigration and Naturalization Service, 410 F.2d 343 (9th Cir. 1969).

It is recognized that the Act confers upon the Attorney General and his delegates the duty of interpreting the meaning of “extreme hardship.” Immigration and Naturalization Service v. Wang, -U.S.-, 101 S.Ct. 1027 , 67 L.Ed.2d 123 (1981), reversing, Wang v. Immigration and Naturalization Service, 622 F.2d 1341 (9th Cir. en banc 1980). Though the holding of this Circuit in Wang was that the Attorney General must employ a liberal interpretation…