Carlos Humberto Ordonez v. Immigration and Naturalization Service

Carlos Humberto Ordonez (“Ordonez”), a native and citizen of Guatemala, petitions for review from the Board of Immigration Appeals’ (“BIA’s”) denial of his motion to reopen his application for suspension of deportation for consideration of previously unavailable evidence on the issue of extreme hardship. He challenges the BIA’s finding that he was ineligible for suspension of deportation because he failed to voluntarily depart as provided by an earlier order. He also challenges the BIA’s conclusion that the additional evidence did not demonstrate extreme hardship. We have jurisdiction pursuant to 8 U.S.C. § 1105a, as amended by IIRIRA § 309(c)(4). Because Ordonez did not receive adequate notice of the effects of failing to voluntarily depart and because the BIA erred in dismissing his evidence of extreme hardship, we grant the petition for review and remand.

BACKGROUND

Ordonez, a native and citizen of Guatemala, entered the United States on December 5, 1987. The Immigration and Naturalization Service (“INS”) issued an Order to Show Cause on May 31, 1995, charging that he was deportable for having entered the United States without inspection. The immigration judge (“IJ”)…