Marcos Barrera-Leyva v. Immigration and Naturalization Service

This case is before the court on a petition for rehearing with suggestion for rehearing en bane. We deferred ruling on the petition for rehearing until the Supreme Court acted on the Government’s petition for certiorari in Wang v. I&NS, 622 F.2d 1341 (9 Cir. 1980), Supreme Court docket No. 80-485. On March 2, 1981, the Court granted certiorari in Wang and reversed the en banc decision of this court (per curiam). 450 U.S. 139 , 101 S.Ct. 1027 , 67 L.Ed.2d 123 . Because our decision rested largely on Wang , we permitted counsel to file supplemental memoranda in light of the Supreme Court’s holding in that case. We reconsider the petition for review in light of the Supreme Court’s order of March 2, 1981 in Wang and the supplemental memoranda filed by the parties in this ease.

The facts giving rise to the petition for review were set out in our previous opinion, Barrera-Leyva v. I&NS, 637 F.2d 640 (9 Cir. 1980), and will not be repeated here. We held that the immigration judge and Board of Immigration Appeals (Board) had abused their discretion in determining that Barrera-Leyva was ineligible for suspension relief because they failed to consider all of the relevant factors, as…