Rosa Torres-Guzman and Alberto Torres-Guzman v. Immigration & Naturalization Service

Rosa and Alberto Torres-Guzman, sister and brother, petition for review of the denial of their applications for suspension of deportation. The Board of Immigration Appeals (Board) found that the petitioners were not eligible for discretionary relief of suspension because they had failed to show that they were of good moral character as required by section 244(a)(1) of the Immigration and Naturalization Act (Act), 8 U.S.C. § 1254 (a)(1). We find that the Board erred by failing to consider all the factors relevant to the evaluation of the petitioners’ characters. Accordingly, we grant the petition, reverse and remand the case.

FACTS

Rosa Torres-Guzman and her brother Alberto Torres-Guzman were born in 1963 and 1965, respectively. They, along with their parents and five other siblings, entered the United States unlawfully at San Ysidro, California in September 1975.

Rosa attended junior high school in Los Angeles from 1975 to 1978. She left school after the ninth grade in order to gain employment and help support her family. Since then she has worked continuously as a clerk in the accounting department of a California business. Her employer has submitted a letter on her behalf. In…