Maria Miriam Turri v. Immigration & Naturalization Service

997 F.2d 1306, 1993 U.S. App. LEXIS 17072, 1993 WL 246439
CourtCourt of Appeals for the Tenth Circuit
DecidedJuly 9, 1993
Docket91-9525
StatusPublished
Cited by48 cases

This text of 997 F.2d 1306 (Maria Miriam Turri v. Immigration & Naturalization Service) is published on Counsel Stack Legal Research, covering Court of Appeals for the Tenth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Maria Miriam Turri v. Immigration & Naturalization Service, 997 F.2d 1306, 1993 U.S. App. LEXIS 17072, 1993 WL 246439 (10th Cir. 1993).

Opinions

PER CURIAM.

Petitioner seeks review of two decisions of the Board of Immigration Appeals,1 the first [1308]*1308of which found petitioner deportable and denied her request for a suspension of deportation pursuant to 8 U.S.C. § 1254(a) on the ground that she had not established she would suffer “extreme hardship” if deported. The second decision denied petitioner’s motions to reopen the proceedings and to reconsider her request for suspension of deportation. We have jurisdiction to review the Board’s decisions under 8 U.S.C. § 1105a, and we reverse and remand for further consideration.

I.

Petitioner came to the United States from Italy in 1976 at the age of twenty-seven on a nonimmigrant student visa to pursue graduate work. In connection with her studies at the University of Denver Graduate School of Social Work, petitioner was instrumental in establishing and running the Denver branch of an international program that brings people to the United States to work and observe American techniques, mostly in the social sciences.

Although she has remained in the United States solely on the basis of her student visas, petitioner has not pursued any studies since December of 1986. Instead, she has continued her work with the international program and has developed a thriving freelance business teaching Italian language and culture courses, translating documents, and assisting business people seeking to enter markets in Italy. Petitioner is highly regarded in the Denver community, as evidenced by the 105 people who attended her deportation hearing and the many people who submitted letters or affidavits in support of petitioner’s application for suspension and her motions to reconsider and to reopen. Although petitioner’s business has been profitable and well received by the community, it has not been sanctioned by the INS.

In 1989, petitioner essentially turned herself in to the INS in the hopes that she could obtain a suspension from deportation, the only avenue she believed available to secure more permanent residence in the United States. The Attorney General has discretion, under 8 U.S.C. § 1254(a)(1), to suspend the deportation of an otherwise deportable alien who has been physically present in the United States for at least seven years, has been a person of good moral character during those seven years, and “is a person whose deportation would, in the opinion of the Attorney General, 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.” At issue in this case is whether petitioner’s deportation would result in extreme hardship to her, as petitioner has no family in the United States.

II.

Petitioner has the burden of proving her eligibility for suspension of deportation. See Hernandez-Cordero v. United States INS, 819 F.2d 558, 560 (5th Cir.1987) (en banc). The first two requirements, seven years’ continuous residence and good moral character, are factual questions that we review for substantial evidence. Id.; Amezquita-Soto v. INS, 708 F.2d 898, 902 (3d Cir.1983). These requirements are not at issue here. The third requirement, that deportation would result in extreme hardship, is a discretionary matter that we review only for an abuse of discretion.2 Hernandez-Cordero, 819 F.2d at 560; Amezquita-Soto, 708 F.2d at 902-03 & n. 11.

Our review of the Board’s determination on extreme hardship is limited. See Hernandez-Cordero, 819 F.2d at 562 (“ ‘[W]e doubt that there remains much, if any, scope for judicial substantive review, even under an “abuse of discretion” standard, of no “extreme hardship” determinations.’”) (quoting Ramos v. INS, 695 F.2d 181, 185 (5th Cir.1983)). So long as the Board considers all the relevant factors, this court cannot second-guess the weight, if any, to be given any [1309]*1309factor. See, e.g., Sanchez v. United States INS, 755 F.2d 1158, 1161 (5th Cir.1985).

Nonetheless, “we may still scrutinize the [Board’s] decision for procedural regularity.” Hernandez-Cordero, 819 F.2d at 563; see also Ravancho v. INS, 658 F.2d 169, 176 (3d Cir.1981). One of the procedural requirements this and other circuits have recognized is that the Board must actually consider all factors relevant to a particular alien’s claim of hardship. See Becerra-Jimenez v. INS, 829 F.2d 996, 1000 (10th Cir.1987); Carrete-Michel v. INS, 749 F.2d 490, 493 (8th Cir.1984); Ravancho, 658 F.2d at 175; Santana-Figueroa v. INS, 644 F.2d 1354, 1356 (9th Cir.1981); cf. Diaz-Resendez v. INS, 960 F.2d 493, 495 (5th Cir.1992) (application for waiver of deportation).

No single factor is dispositive of extreme hardship; the Board must evaluate the cumulative effect of all the relevant factors in determining whether an alien has established extreme hardship. See Hernandez-Cordero, 819 F.2d at 563; Bueno-Carrillo v. Landon, 682 F.2d 143, 146 n. 3 (7th Cir.1982); Ravancho, 658 F.2d at 175; Santana-Figueroa, 644 F.2d at 1356. Failure to actually consider all the relevant factors constitutes an abuse of discretion. See Ravancho, 658 F.2d at 175; Santana-Figueroa, 644 F.2d at 1356; cf. Diaz-Resendez, 960 F.2d at 495 (application for waiver of deportation). Therefore, the Board must articulate its reasons for denying relief sufficiently for us, as the reviewing court, to be able to see that the Board considered all the relevant factors.

In her petition for review, petitioner asserts that the Board failed to actually consider all the evidence relating to her assistance to, and position in, the community; the difficulty of finding housing and employment in Italy; and the psychological trauma petitioner would suffer if she returned to Italy and her family in light of her history of being abused by her father and having problematic relations with her family. We agree that the Board did not sufficiently articulate its reasons for denying relief to establish that it actually considered all the relevant evidence.

III.

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997 F.2d 1306, 1993 U.S. App. LEXIS 17072, 1993 WL 246439, Counsel Stack Legal Research, https://law.counselstack.com/opinion/maria-miriam-turri-v-immigration-naturalization-service-ca10-1993.