Barajas v. Gonzales
Barajas v. Gonzales
Opinion of the Court
MEMORANDUM
Maria G. Barajas, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ decision affirming an Immigration Judge’s (“IJ”) order denying her application for suspension of deportation. We have jurisdiction pursuant to former 8 U.S.C. § 1105a(a). Kalaw v. INS, 133 F.3d 1147, 1150 (9th Cir. 1997). Reviewing for substantial evidence, see id. at 1151, we grant the petition for review.
The IJ erred by requiring corroborating documentation regarding physical presence. See Vera-Villegas v. INS, 330 F.3d 1222, 1225 (9th Cir. 2003) (“the time element of an alien’s residency, like all
As the IJ found that Barajas was of good moral character and that she had established the requisite hardship, we remand so that the Attorney General may exercise his discretion whether to grant suspension of deportation. See Kalaw, 133 F.3d at 1152.
PETITION FOR REVIEW GRANTED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.