Josefina Gonzalez Batoon v. Immigration & Naturalization Service

Batoon has petitioned for review of two decisions of the Board of Immigration Appeals (BIA). She contends that in its denial of suspension of deportation it did not consider all the evidence and construed extreme hardship too strictly. She contends that in its denial of her motion to reopen the proceedings it disregarded and distorted portions of the evidence.

FACTS

Batoon, a 56-year-old native and citizen of the Philippines, entered this country in 1969 as a visitor for pleasure. She came here to convince a sick uncle who lived in Conrad, Montana to return to the Philippines. When he refused, she decided to stay and care for him, and became co-owner of his home.

In 1973 Batoon’s uncle died and she became the sole owner of the home. To repay funeral debts, she moved to Los Angeles to find work but returned to Conrad in 1977, and has lived there since, working at clerical jobs. She has not received public or private relief or assistance while in this country.

Batoon now lives with her cousin in her late uncle’s home. She works as a clerk for the Conrad Water Department. Affidavits attesting to her good character and good reputation in the community were submitted. She has…