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Tukhowinich v. Immigration and Naturalization Service

Facts

Sunanta Tukhowinich, born in Thailand, entered the U.S. as a visitor and remained beyond her authorized stay. She applied for suspension of deportation, claiming extreme hardship due to her role as the primary financial support for her family in both the U.S. and Thailand. The immigration judge denied her application, stating there was no extreme hardship, and the BIA affirmed this decision without adequately considering all relevant factors.

Sunanta Tukhowinich was born on November 12, 1954, in Nakhon Pathom, Thailand. She is the eldest of eight children. At about age 16, Ms. Tukhowinich began working in Thailand for the Moon River Man's tailoring shop preparing sample garments. She worked there for ten years. Ms. Tukhowinich then attended a dress design school for two years to become a professional sample maker. She graduated on August 24, 1981. On February 13, 1983, she entered the United States via Honolulu, Hawaii as a visitor. She has since remained in the United States. Ms. Tukhowinich settled in the Los Angeles area and found work as a sample maker in the garment industry. She has worked consistently as a sample maker for various employers. At one time Ms. Tukhowinich was the beneficiary of a sixth preference labor certification. The certification ultimately failed, however, because the company that sponsored her went out of business. At the time of the BIA hearing, she was earning $ 11.00 per hour. Ms. Tukhowinich testified that in Thailand she would earn a maximum of fifty cents per hour for the same type of work.

Issue

Did the BIA abuse its discretion by failing to consider all relevant factors and adequately articulate its reasons for denying Tukhowinich's application for suspension of deportation?

Did the BIA abuse its discretion by failing to consider all relevant factors and adequately articulate its reasons for denying Tukhowinich's application for suspension of deportation?

Rule

To qualify for suspension of deportation under 244(a) of the INA, an alien must demonstrate continuous physical presence, good moral character, and that deportation would result in extreme hardship. The BIA must consider all pertinent facts and articulate reasons for its decisions.

Under 244, to qualify for a suspension of deportation, an alien must show (1) continuous physical presence in the United States for a period of at least seven years immediately preceding the date of application, (2) good moral character, and (3) that he or she is a person whose deportation would, in the opinion of the Attorney General, result in extreme hardship to himself or herself, or to a spouse, parent, or child who is a citizen or a permanent resident of the United States.

Analysis

The court determined that the BIA's reliance on the immigration judge's opinion was misplaced, as the judge did not consider significant factors, such as the political unrest in Thailand and the psychological impact of deportation on Tukhowinich. The BIA's failure to address these factors constituted an abuse of discretion, as it did not perform the necessary review to support its conclusions.

The court determined that the BIA's reliance on the immigration judge's opinion was misplaced, as the judge did not consider significant factors, such as the political unrest in Thailand and the psychological impact of deportation on Tukhowinich. The BIA's failure to address these factors constituted an abuse of discretion, as it did not perform the necessary review to support its conclusions.

Conclusion

The court reversed the BIA's decision and remanded the case for further proceedings, emphasizing the need for a thorough consideration of all relevant factors.

The court reversed the BIA's decision and remanded the case for further proceedings, emphasizing the need for a thorough consideration of all relevant factors.

Who won?

Petitioner, Sunanta Tukhowinich, prevailed because the court found that the BIA failed to adequately consider relevant factors and articulate its reasoning for denying her application.

Petitioner, Sunanta Tukhowinich, prevailed because the court found that the BIA failed to adequately consider relevant factors and articulate its reasoning for denying her application.

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