Francisco Valencia-Enriquez v. Immigration and Naturalization Service

87 F.3d 1325 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Francisco VALENCIA-ENRIQUEZ, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 95-70185. United States Court of Appeals, Ninth Circuit. Submitted June 14, 1996. * Decided June 20, 1996. 1 Before: REINHARDT and HALL, Circuit Judges, and MERHIGE, District Judge. ** 2 MEMORANDUM *** 3 Francisco Valencia-Enriquez petitions us to review a decision of the Board of Immigration Appeals (BIA) summarily affirming the Immigration Judge's conclusion that Valencia-Enriquez was ineligible for relief from deportation under Section 212(c) of the Immigration and Nationality Act, 8 U.S.C. § 1182 (c). Because we find Valencia-Enriquez eligible for this relief, we grant his petition, reverse the BIA's decision, and remand so that the IJ may exercise his discretion whether to grant relief under § 212(c). I. 4 Valencia-Enriquez last entered the United States in 1979. He applied for amnesty under §…