Margarita Montejo Yong v. Immigration and Naturalization Service

Ninth Circuit

Margarita Montejo Yong v. Immigration and Naturalization Service

459 F.2d 1004

CourtCourt of Appeals for the Ninth Circuit

DecidedJune 19, 1972

Docket71-2184

StatusPublished

Cited by16 cases

This text of 459 F.2d 1004 (Margarita Montejo Yong v. Immigration and Naturalization Service) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Margarita Montejo Yong v. Immigration and Naturalization Service, 459 F.2d 1004 (9th Cir. 1972).

Pincite

Opinion

PER CURIAM:

Petitioner seeks review of an order of the Board of Immigration Appeals dismissing her appeal from a decision of the special inquiry officer denying her application for suspension of deportation, pursuant to 8 U.S.C. § 1254.

In rejecting her application the Board and the special inquiry officer relied on Matter of Lee (B.I.A.1966) 11 I & N. *1005 Dec. 649. After the decisions had been rendered, this court overruled Matter of Lee in Asimakopoulos v. Immigration and Naturalization Service (9th Cir. 1971) 445 F.2d 1362.

The erroneous application of Matter of Lee, alone would require reversal. In addition, however, we find error in the special inquiry officer’s determination that the sole basis of petitioner’s hardship claim was economic. It is undisputed that deportation would separate petitioner from her husband who is lawfully within the United States as a student. Separation from one’s spouse entails substantially more than economic hardship.

The order is reversed and the cause is remanded for further proceedings consistent with the views herein expressed.

Free access — add to your briefcase to read the full text and ask questions with AI