Zenaida Adviento WATKINS, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent

Petitioner, a native and citizen of the Philippines, seeks review of the Board of Immigration Appeals’ (“BIA”) denial of her motion to reopen deportation proceedings to allow her to seek either adjustment of her status under section 245 of the Immigration and Nationality Act, 8 U.S.C. § 1255 , or suspension of deportation, section 244(a)(1) of the Act, 8 U.S.C. § 1254 (a)(1). We have jurisdiction pursuant to 8 U.S.C. § 1105a(a). We reverse the BIA’s decision for abuse of discretion.

I. PROCEDURE AND BACKGROUND

Petitioner entered the United States in 1978 under a nonimmigrant temporary work visa (an H-l visa). Her visa expired January 25, 1983. In December 1982, she married Theodore Watkins, a United States citizen, and in March 1983, she applied for permanent residence based on her recent marriage. An Immigration and Naturalization Service (“INS”) investigation revealed that petitioner’s marriage was a sham. Watkins and petitioner admitted this fact at an INS hearing.

Thereafter, the INS instituted deportation proceedings against petitioner. She conceded deportability and requested a grant of voluntary departure. On May 6, 1983, an immigration judge (“U”) found petitioner…