Mauro Vargas-Garcia v. Immigration and Naturalization Service

Mauro Vargas-Garda, a citizen of Mexico, petitions for review of the decision of the Board of Immigration Appeals which summarily dismissed his appeal of the Immigration Judge’s ruling denying him suspension of deportation. See INA § 244(a)(1), 8 U.S.C. § 1254 (a)(1) (repealed 1996). He argues that the BIA should not have summarily dismissed his appeal without notice. We grant the petition.

BACKGROUND

Vargas illegally entered the United States in 1988, and has been here ever since. He is not married, but he lives with the mother of his child and supports both of them. He sought suspension of deportation at his hearing before the IJ in May of 1998, because, as he explained, he had a United States citizen daughter whom he supported, and it would be a hardship if he were returned to Mexico under the circumstances. The facts were not well developed — the whole of the testimony covers only about six pages of transcript. At the end of the hearing, the IJ issued a four-page decision, which denied suspension on the basis that Vargas had not shown extreme hardship.

Vargas appealed to the BIA and set forth the following as the basis of that appeal:

Over two years later, the BIA…