Yin Fen FLORES, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent

Yin Fen Flores, a.k.a. Eileen York, a native and citizen of Taiwan, appeals the decision of the Board of Immigration Appeals (“BIA”), affirming the Immigration Judge’s (“IJ”) denial of Flores’s request for suspension of deportation pursuant to section 244(a)(1) of the Immigration and Nationality Act (“INA”), 8 U.S.C. § 1254 (a)(1). We have jurisdiction pursuant to 8 U.S.C. § 1105a(a).

I

Flores first came to the United States in 1980. She married an American citizen, Ernest Marvin Flores, and on the basis of that marriage, was granted permanent resident status in 1981. On February 15, 1990, the INS initiated deportation proceedings against Flores by issuing an Order to Show Cause (“OSC”). The OSC charged Flores with obtaining a visa through a fraudulent marriage and entering the United States for the purpose of working here without the required labor certification. Flores applied for the relief of suspension of deportation on March 11, 1991. After a hearing, the IJ found Flores deportable as charged.

The IJ concluded that Flores was statutorily ineligible for suspension of deportation because: (1) she could not establish seven years continuous physical presence in the United…