Francisca Elena Ortega De Robles v. Immigration and Naturalization Service
Opinion
Opinion
King, J.
Petitioner Francisca Elena Ortega de Robles petitions from an order of the Board of Immigration Appeals (BIA) denying her application for discretionary relief under sec tion 212(e) of the Immigration and Nationality Act, 8 U.S.C. § 1182 (e). The BIA determined that Petitioner did not qualify for consideration for § 212(c) relief. We have jurisdiction pursuant to 8 U.S.C. § 1105a, and grant the petition and remand to the BIA for consideration of such relief.
BACKGROUND
Petitioner is a married lawful permanent resident alien. Her husband and daughter are also lawful permanent residents; her son is an American citizen. Petitioner was born in Mexico. In June of 1980, at the age of 23, she came to this country as a nonimmigrant visitor and has resided here continuously since then.
On February 29, 1988, pursuant to amnesty provisions of the Immigration Reform and Control Act of 1986 (IRCA), 8 U.S.C. § 1255a, Petitioner applied to legalize her status. Having presented a prima facie case, she was granted status as a legal “temporary resident alien” on June 8, 1988 and was issued an employment authorization card. Her status was adjusted on October 4, 1990 to an alien “lawfully admitted…