Zavala Archila v. Gonzales

*169 MEMORANDUM ***

Hector Estuardo Zavala Archila (“Zavala”) is a native and citizen of Guatemala. Zavala appeals the Board of Immigration Appeals’ (“BIA”) denial of his application for suspension of deportation. While we lack jurisdiction over the BIA’s discretionary determinations, we have jurisdiction over Zavala’s due process challenge to the BIA’s failure to fully and properly consider the evidence supporting a finding of extreme hardship. See Torres-Aguilar v. INS, 246 F.3d 1267, 1270-71 (9th Cir.2001) (recognizing that the IIRIRA strips the court of jurisdiction over the Attorney General’s discretionary “extreme hardship” determination, but retaining jurisdiction over constitutional due process claims). 1 We grant the petition and remand to the BIA for reopening of Zavala’s suspension proceedings.

On February 16, 1999, the Immigration Judge (“IJ”) determined that Zavala did not face extreme hardship to himself or his United States citizen daughter if he were returned to Guatemala and therefore did not qualify for suspension of deportation. See 8 U.S.C. § 1254 (a)(1) (1995). Zavala filed a notice of appeal on March 5, 1999. He supplemented his appeal in April and July of…