Sunanta Tukhowinich v. Immigration and Naturalization Service

Petitioner Sunanta Tukhowinich appeals the Board of Immigration Appeals’ (BIA or Board) decision denying her suspension of deportation under § 244(a) of the Immigra tion and Nationality Act (INA), 8 U.S.C. § 1254 (a), for lack of extreme hardship. We have jurisdiction of the final deportation order under § 106 of the INA, 8 U.S.C. § 1105a. We reverse.

BACKGROUND

Sunanta Tukhowinich was born on November 12, 1954, in Nakhon Pathom, Thailand. She is the eldest of eight children. At about age 16, Ms. Tukhowinich began working in Thailand for the Moon River Man’s tailoring shop preparing sample garments. She worked there for ten years. Ms. Tukhowi-nich then attended a dress design school for two years to become a professional sample maker. She graduated on August 24, 1981.

On February 13, 1983, she entered the United States via Honolulu, Hawaii as a visitor. She has since remained in the United States. Ms. Tukhowinich settled in the Los Angeles area and found work as a sample maker in the garment industry. She has worked consistently as a sample maker for various employers. At one time Ms. Tuk-howinich was the beneficiary of a sixth preference labor certification. The certification…