Eloisa Rodriguez De La Luz v. Immigration and Naturalization Service

Eloisa Rodriguez-de la Luz (Petitioner) petitions for review of the decision of the Board of Immigration Appeals dismissing her appeal from the denial of suspension of deportation. The Immigration Judge had found that Petitioner met the statutory requirements for suspension of deportation under 8 U.S.C. § 1254 (a)(1) because her six American citizen children would suffer extreme hardship if Petitioner were deported to Mexico. The Immigration Judge, however, denied relief as a matter of administrative discretion.

Our review of the BIA’s exercise of discretion is narrow. INS v. Wang, 450 U.S. 139, 145 , 101 S.Ct. 1027, 1031 , 67 L.Ed.2d 123 (1981); Santana-Figueroa v. INS, 644 F.2d 1354, 1355 (9th Cir.1981). When important aspects of the alien’s claim are distorted or disregarded, however, denial of relief may be an abuse of discretion. Santana-Figueroa, 644 F.2d at 1354 . In addition, discretionary decisions must weigh both favorable and unfavorable factors. In re Riccio, 15 I. & N. 548-49 (1976). We find that the Immigration Judge abused his discretion.

FACTS

Petitioner, a 36 year-old native and citizen of Mexico, entered the United States without inspection in 1963 as the…