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Keywords

appealhearingaffidavitmotionburden of proofdeportation
appealhearingaffidavitmotionburden of proofdeportation

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Fuentes v. Immigration and Naturalization Service

Facts

The petitioners, natives and citizens of the Dominican Republic, sought to reopen their deportation proceedings to apply for suspension of deportation after Mr. Rodriguez had been found deportable for overstaying his authorized stay in the United States. They had accrued the requisite seven years of continuous physical presence in the U.S. but failed to demonstrate that deportation would cause them extreme hardship. Their motion to reopen was denied by the BIA, which found their allegations of hardship to be unsupported by evidence.

The petitioners, natives and citizens of the Dominican Republic, sought to reopen their deportation proceedings to apply for suspension of deportation after Mr. Rodriguez had been found deportable for overstaying his authorized stay in the United States. They had accrued the requisite seven years of continuous physical presence in the U.S. but failed to demonstrate that deportation would cause them extreme hardship. Their motion to reopen was denied by the BIA, which found their allegations of hardship to be unsupported by evidence.

Issue

Did the Board of Immigration Appeals abuse its discretion in denying the petitioners' motion to reopen their case for suspension of deportation?

Did the Board of Immigration Appeals abuse its discretion in denying the petitioners' motion to reopen their case for suspension of deportation?

Rule

The court may reverse a decision of the BIA not to reopen only if it finds that the decision was arbitrary, capricious, or constituted an abuse of discretion. A motion to reopen must state new facts to be proved at the reopened hearing and must be supported by affidavits or other evidentiary materials.

The court may reverse a decision of the BIA not to reopen only if it finds that the decision was arbitrary, capricious, or constituted an abuse of discretion. A motion to reopen must state new facts to be proved at the reopened hearing and must be supported by affidavits or other evidentiary materials.

Analysis

The court applied the rule by examining whether the petitioners had provided sufficient evidence to support their claims of extreme hardship. It found that the petitioners' allegations were conclusory and lacked the necessary affidavits or evidence to establish a prima facie case. The court noted that the BIA's decision was not arbitrary or capricious, as the petitioners did not meet the burden of proof required for reopening their case.

The court applied the rule by examining whether the petitioners had provided sufficient evidence to support their claims of extreme hardship. It found that the petitioners' allegations were conclusory and lacked the necessary affidavits or evidence to establish a prima facie case. The court noted that the BIA's decision was not arbitrary or capricious, as the petitioners did not meet the burden of proof required for reopening their case.

Conclusion

The court affirmed the decision of the Board of Immigration Appeals, which denied petitioners' motion to reopen their case in order to file for suspension of deportation, because the court held that petitioners failed to establish a prima facie case of extreme hardship.

The court affirmed the decision of the Board of Immigration Appeals, which denied petitioners' motion to reopen their case in order to file for suspension of deportation, because the court held that petitioners failed to establish a prima facie case of extreme hardship.

Who won?

The Board of Immigration Appeals prevailed in the case because the court found that the petitioners did not provide sufficient evidence to support their claims of hardship, thus upholding the BIA's decision.

The Board of Immigration Appeals prevailed in the case because the court found that the petitioners did not provide sufficient evidence to support their claims of hardship, thus upholding the BIA's decision.

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