Juan Cerrillo-Perez and Magdalena Cerrillo-Garcia v. Immigration and Naturalization Service

Petitioners Juan Cerrillo-Perez and Magdalena Cerrillo-Garcia, husband and wife, seek review of a decision by the Board of Immigration Appeals (BIA) upholding the immigration judge’s denial of their applications for suspension of deportation. We vacate and remand because the BIA failed to consider the hardship to the three United States citizen children that might result were they to remain in this country following their parents’ deportation.

I. FACTS

Juan and Magdalena Cerrillo entered the United States without inspection in 1975. Juan Cerrillo is forty-seven years old with a fourth grade education. Magdalena Cerrillo is forty years old with no formal education. The Cerrillos have nine children. The three youngest children are United States citizens whose ages are presently nine, eight and four. All the school-aged children are enrolled in public schools. English is the primary language of the three citizen children, although they speak Spanish when conversing with their parents.

The Cerrillos own their home which is located in Burlington, Washington. They currently have $22,000 worth of equity in that property. Mr. Cerrillo works as a tractor driver and earns approximately…