Rosa Mejia-Carrillo, Juan Antonio Banuelos-Mejia v. United States Immigration and Naturalization Service

This case involves review of the denial of an application for suspension of deportation under § 244(a) of the Immigration and Nationality Act, 8 U.S.C. § 1254 (a). The Board of Immigration Appeals denied the application because it found that the alien had not established that she and her son, a permanent resident, would suffer extreme hardship as a result of her deportation. We reverse the Board’s decision because it failed to consider fully the facts which bear on hardship. We remand for reconsideration of the application.

FACTS

Rosa Mejia-Carrillo is a native of Mexico who entered the United States illegally on March 19, 1970. On April 4, 1977, the Immigration and Naturalization Service began deportation proceedings against her. Mrs. Mejia-Carrillo admitted deportability and applied for suspension of deportation.

At the time of the hearing, Mrs. Mejia-Carrillo was 46 years old. She had a fifth grade education, and worked as a maid, earning $75 a week. She lived with two young children, also undocumented aliens, and her 17-year-old son Juan, a permanent resident who came to the United States when he was 13. She also had another son and daughter, both permanent residents, and…