Donald Jose Duarte-Perez v. Immigration and Naturalization Service

89 F.3d 845 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Donald Jose DUARTE-PEREZ, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 95-70207. United States Court of Appeals, Ninth Circuit. Submitted June 4, 1996. * Decided June 10, 1996. 1 Before: BRUNETTI and RYMER, Circuit Judges, and TANNER, ** District Judge. 2 MEMORANDUM *** 3 Donald Jose Duarte-Perez (Duarte), a native and citizen of Nicaragua, petitions for review of the dismissal by the Board of Immigration Appeals of his appeal from the decision of the Immigration Judge, finding him deportable as charged and denying his application for suspension of deportation pursuant to 8 U.S.C. § 1254 (e)(1). We have jurisdiction, 8 U.S.C. § 1105a(a), and we remand to allow the BIA to properly consider the extent to which deporting Duarte would result in extreme hardship to Duarte and his citizen children. 4 * The Attorney General, in her discretion, may suspend deportation of an alien if the…