Gutierrez-Centeno

Gutierrez-Centeno v. Immigration & Naturalization Service

Good Law
96 Daily Journal DAR 13703·99 F.3d 1529·1996 U.S. App. LEXIS 29495·96 Cal. Daily Op. Serv. 8230
United States Court of Appeals for the Ninth CircuitNovember 14, 1996No. 95-70068California5,032 words

Opinion

Lead Opinion

Reinhardt, J.

Opinion by Judge REINHARDT; Concurrence by Judge HALL.

Petitioners, Indiana Gutierrez-Centeno (Gutierrez) and her two children, David and Maria (David and Maria), appeal the decision of the Board of Immigration Appeals (BIA or Board) denying Gutierrez’s application for asylum and withholding of deportation under §§ 208(a) and 243(h) of the Immigration and Nationality Act, 8 U.S.C. §§ 1158 (a) and 1253(h), and their motion to reopen to apply for suspension of deportation under § 244(a)(1) of the INA, 8 U.S.C. 1254(a)(1). We deny review in part and grant in part.

I. ASYLUM AND WITHHOLDING OF DEPORTATION

We deny review of the decision of the BIA rejecting the petitioners’ requests for asylum and withholding of deportation. 1 At the deportation hearing, Gutierrez, a native and citizen of Nicaragua, testified to the following. Her family was well-connected to the Somoza government, as was the family of her husband. She participated in the Somocista Liberal Youth and earned several scholarships based on her association with Somoza’s Liberal Party. After the Sandinistas came into power, they arrested and imprisoned one of her uncles, confiscated the property of other family members,…

Concurring Opinion

Hall, J.

concurring in the result:

I concur in Part I, denying review of the request for asylum and withholding of deportation because the Board’s decision that petitioners failed to establish either past persecution or a well founded fear of future persecution was supported by the record. See INS v. Elias-Zacarias, 502 U.S. 478, 481 , 112 S.Ct. 812, 815 , 117 L.Ed.2d 38 (1992).

Although I disagree with the majority’s approach and reasoning in Part II, I agree that the motion to reopen should be remanded to the BIA. I therefore concur only in the result.

We review a BIA decision denying a motion to reopen for abuse of discretion. Hassan v. INS, 927 F.2d 465, 467 (9th Cir.1991). The Board may deny a petitioner’s motion if it finds that the petitioner does not establish extreme hardship. Id. The Board has discretion to construe extreme hardship narrowly. INS v. Wang, 450 U.S. 139, 145 , 101 S.Ct. 1027, 1031-32 , 67 L.Ed.2d 123 (1981). However, our decisions require the Board to state reasons for its decision and to properly consider all relevant factors. See, e.g., Hassan, 927 F.2d at 467-68 .

Here, the Board’s reasoning was general and conclusory. The Board did not mention petitioner’s…

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