Reymundo Jara-Navarrete and Anna Simentol De Jara v. Immigration and Naturalization Service

Reymundo Jara-Navarrete petitions for review of the Board of Immigration Appeals (BIA) decision entered on June 5, 1985, after a remand from this court. On remand, the BIA reaffirmed its denial of Jara-Navarrete’s application for suspension of deportation, finding no extreme hardship. Because the BIA failed to reexamine the case properly, we again vacate the order of deportation and remand the matter for further proceedings. See FigueroaRincon v. INS, 770 F.2d 766, 767 (9th Cir.1985) (vacating and remanding BIA decision for the second time); Chookhae v. INS, 756 F.2d 1350, 1351 (9th Cir.1985) (same).

I.

This matter was initially before us on a petition for review of the BIA’s April 11, 1984 decision denying Jara-Navarrete’s application for suspension of deportation. Jara-Navarrete v. INS, 753 F.2d 1082 (9th Cir.1985) (mem.). Jara-Navarrete entered the United States without inspection in 1974. His wife, Anna de Jara, did so in 1976. Three of their four children are United States citizens. The fourth child is a citizen of Mexico. Jara-Navarrete conceded deportability at his deportation hearing, but applied for suspension of deportation and presented evidence of the hardships he…