Evangelina Igno Reyes v. Immigration and Naturalization Service

Evangelina Igno Reyes petitions-for review of the denial by the Board of Immigration Appeals (Board) of her motion to reopen her deportation hearing. The Board ruled that Reyes had not established a prima facie case of extreme hardship as required to reopen her hearing because it did not believe the facts stated in the affidavits submitted by Reyes. We believe that the Board abused its discretion in prematurely assessing the truth of the facts stated in the affidavits. Accordingly, we reverse.

I. Facts

Petitioner Reyes, a native citizen of the Philippines, entered the United States on October 10,1968 as a non-immigrant visitor. She overstayed her visa and was found deportable at a hearing before a special inquiry officer on May 25, 1970. Reyes was granted the privilege of voluntary departure but failed to depart. Instead, she panicked and went into hiding. She remained in hiding for over nine years during which time her parents and seven brothers and sisters immigrated to the United States.

In July 1979, Reyes voluntarily presented herself to immigration authorities. She then filed a motion to reopen her deportation hearing so that she could apply for suspension of deportation…