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Keywords

attorneyappealvisadeportationliens

attorneyappealvisadeportationnaturalizationliens

Related Cases

Salameda v. Immigration and Naturalization Service

Facts

Daniel Salameda and his wife Angelita came to the United States from the Philippines in 1982. Salameda had a student visa, and their two-year-old child, Lancelot, was admitted as the child of a nonimmigrant student. After the visa expired, Salameda attempted to renew it, which led to deportation proceedings. They conceded deportability but requested suspension of deportation under 244(a)(1) of the Immigration and Nationality Act, which was denied by the immigration judge and affirmed by the Board of Immigration Appeals.

Daniel Salameda and his wife Angelita came to the United States from the Philippines in 1982. Salameda had a student visa; his wife was admitted as the spouse of, and their two-year-old child, Lancelot, as the child of, a nonimmigrant student. The visa was for one year, and two days after it expired Salameda went to an office of the Immigration and Naturalization Service in an effort to renew it. The only result of Salameda's effort to renew his visa was to precipitate deportation proceedings against him and his wife.

Issue

Did the Board of Immigration Appeals err in denying the Salamedas' request for suspension of deportation by failing to consider the extreme hardship to their noncitizen child and their community service?

Rule

To invoke the discretion of the Attorney General to suspend deportation under section 244(a)(1), the alien must prove that his deportation would result in extreme hardship to the alien or to his spouse, parent, or child, who is a citizen of the United States or an alien lawfully admitted for permanent residence.

To invoke the discretion of the Attorney General (delegated to the Board of Immigration Appeals) to suspend deportation under section 244(a)(1), the alien must prove that he has been physically present in the United States for at least seven years during which he was a person of good moral character, and–the issue here–that his deportation would 'result in extreme hardship to the alien or to his spouse, parent, or child, who is a citizen of the United States or an alien lawfully admitted for permanent residence.'

Analysis

The court found that the Board failed to provide a rational justification for its decision, particularly in disregarding the Salamedas' community service and the hardship to their noncitizen child. The immigration judge's refusal to consider the hardship to Lancelot was deemed incomprehensible, as he would be constructively deported with his parents. The court highlighted that community assistance is a relevant factor in determining extreme hardship, which the Board neglected.

Conclusion

The court vacated the order denying the aliens' application for suspension of deportation, emphasizing the need for the Board to consider all relevant factors, including community service and the hardship to the noncitizen child.

Who won?

The Salamedas prevailed in the case as the court found that the Board failed to consider critical factors in their application for suspension of deportation.

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