Florentino Contreras-Buenfil v. Immigration and Naturalization Service

Contreras-Buenfil seeks review of a Board of Immigration Appeals decision dismissing his appeal from a decision of the Immigration Judge denying his application for suspension of deportation.

In May 1971, Florentino Contreras-Buenfil entered the United States illegally, leaving a wife and four children in Mexico. Contreras-Buenfil has resided continuously in California, living since 1975 with Flora Lopez. Together, they support two children — Flora’s son, Jose, from a prior relationship, and a daughter, Carol, by Contreras-Buenfil. Flora also entered the United States without inspection. Both her children, however, are citizens by birth. Jose was five years old and Carol two months, old at the time of Contreras-Buenfil’s 1979' deportation hearing.

Contreras-Buenfil conceded deportability and applied for suspension of deportation under section 244(a)(1) of the Immigration and Naturalization Act, 8 U.S.C. § 1254 (a)(1). He testified that deportation would cause him hardship because (1) he had a work-related back injury for which he required medical treatment unavailable in Mexico, (2) he would be separated from the woman he loved and her children, one of whom was also his own, and…