Jose Hernandez-Luis v. Immigration and Naturalization Service

Jose Hernandez-Luis petitions for review of the Board of Immigration Appeal’s (BIA) affirmance of an immigration judge’s (IJ) denial of suspension of deportation and voluntary departure. He argues he is statutorily eligible for suspension of deportation because: (1) a 1978 prehearing administrative departure did not interrupt his seven years of continuous presence, and (2) his conviction was for a petty offense so it did not preclude him from establishing good moral character. Hernandez-Luis further argues that the Board erred in denying his request for voluntary departure. We affirm.

Jose Hernandez-Luis is a native and citizen of Mexico. He first entered the United States in 1976. In 1978, he was apprehended by the Immigration and Naturalization Service (INS) and granted a pre-hearing administrative departure pursuant to 8 U.S.C. § 1252 (b). Shortly thereafter, he again entered the United States without inspection.

On June 9,1983, the INS issued an order to show cause why Hernandez-Luis should not be deported for having entered the United States without inspection. At a hearing before an IJ, Hernandez-Luis conceded deportability and requested suspen sion of deportation pursuant…