Victorino Villamarin Blancada v. James B. Turnage

Petitioner Blancada argues that the district court erred in denying his habeas petition based on the conclusion that the district director of the Immigration and Naturalization Service (INS) acted within his discretion in denying Blancada’s request for a stay of deportation pending the Board of Immigration Appeals’ (BIA’s) determination of his motion to reopen deportation proceedings. We reverse.

I

Blancada, a native of the Philippines, entered the United States in February 1986 as a nonimmigrant visitor. In June 1987, the INS district director issued an order to show cause why Blancada was not deporta-ble. In early January 1988, Blancada married Alma Baruc, a resident alien. On January 22,1988, Blancada appeared before an immigration judge (IJ) and admitted deport-ability.

In July 1988, Blancada’s wife became a naturalized United States citizen. On October 3, 1988, the district director denied Blancada’s request for a stay of deportation. On October 19, 1988, Blancada filed motions before the IJ to reopen deportation proceedings contending that he should be allowed to adjust his status based on his marriage to an American citizen and to stay of deportation. On October 21,…