Carlos Adolfo Campos-Granillo v. Immigration and Naturalization Service

I. INTRODUCTION

Petitioner Carlos Adolfo Campos-Granillo appeals a final order of the Board of Immigration Appeals (“BIA”), which affirmed an Immigration Judge’s (“IJ”) denial of Campos-Granillo’s request for voluntary departure. Bécause the BIA did not conduct an independent review of the IJ’s decision, it is the IJ’s decision that we review. Here, the IJ failed to weigh all relevant factors in making her decision. Accordingly, we vacate the BIA’s order and remand the case for further proceedings.

II. FACTS AND PROCEEDINGS BELOW

Petitioner Carlos Adolfo Campos-Granillo is a 28-year-old citizen of Mexico who has resided in the United States almost continuously since June of 1983. He is married and has three children, all of whom live in the United States with him. In April 1991, the INS issued Campos-Granillo an Order to Show Cause for entering the United States without inspection. See 8 U.S.C. § 1251 (a)(1)(B). He conceded deportability and filed an application for suspension of deportation under 8 U.S.C. § 1254 (a)(1). In the alternative, he requested voluntary departure under 8 U.S.C. § 1254 (e). Campos-Granillo received a hearing before an Immigration Judge.

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