Salvador Castrejon-Garcia v. Immigration & Naturalization Service

Salvador Castrejon-Garcia (Castrejon) petitions for review of the decision of the Board of Immigration Appeals (the Board) denying him suspension of deportability and ordering his deportation. We grant his petition.

FACTS

Castrejon was born May 23, 1953, in Coal-coman, Michoaean, Mexico. He entered the United States without inspection in 1970 and has lived in the United States since that date. He currently resides in his home in Modesto, California, with his wife and three children aged 17, 5, and 2. He is a carpenter, a licensed general contractor, and the sole proprietor of a business employing ten persons in construction work.

In 1975 he was convicted of transporting aliens inside the United States in violation of 8 U.S.C. § 1324 (a)(2) (now 8 U.S.C. § 1324 (a)(1)(B)); he was sentenced to six months in jail and five years probation; on reentering the country in violation of his probation, he was convicted of the violation and served 18 months in jail.

In 1983 he went to Mexico, seeking a visa to permit his legal entry into the United States. The United States Consulate denied his application under the mistaken impression that his conviction for transporting aliens…