Ana Cristina Delmundo v. Immigration & Naturalization Service

Ana Cristina Delmundo was found to have fraudulently entered the United States and was ordered by an immigration judge to be involuntarily deported. Delmundo appealed the decision to the Board of Immigration Appeals (“BIA”) and moved to reopen her deportation proceedings to consider her application for waiver of deportation under § 212® of the Immigration and Nationality Act. The BIA denied Delmundo’s motion to reopen on the basis that she “did not merit a favorable exercise of discretion.” The BIA affirmed the decision of the immigration judge but reversed the order of involuntary deportation and granted Delmundo voluntary deportation.

We hold that the BIA erred by considering improper factors weighing against Delmundo in determining whether she warranted discretionary relief pursuant to § 212®. In addition, we hold that the BIA failed to adequately consider the hardship Delmundo’s children would experience if she were deported. Therefore, we reverse and remand to the BIA for further proceedings consistent with this opinion.

I

Delmundo, a native and citizen of the Philippines, entered the United States as a non-immigrant visitor on November 5, 1982, using a false identity…