Teresa De Jesus Chete Juarez v. John Ashcroft, Attorney General

Petitioner, Teresa de Jesus Chete Juarez (“Petitioner”), a citizen of Guatemala, petitions for review of Immigration Judge Richard Walton’s (the “IJ”) denial of her motion to reopen. We have jurisdiction over this unusual case under 8 U.S.C. § 1105a, and we grant the petition.

BACKGROUND

Petitioner entered the United States without inspection in August 1985, and has lived in the United States since that date. Petitioner is married and has two United States citizen children, ages twelve and fifteen. Petitioner has been active in her children’s lives and in her community; she has contributed to her children’s financial support and care, volunteered at her children’s Head Start program, attended literacy classes, volunteered at a food pantry, and led a children’s program at her church. In addition, Petitioner has worked steadily, paid taxes, has not received public benefits, and has not committed any crimes.

On August 30, 1995, the Immigration and Naturalization Service (“INS”) issued an order to show cause as to why Petitioner should not be deported. On June 26, 1996, Petitioner conceded that she was de-portable and applied for suspension of deportation based on extreme hardship…