Opinion

Teresa De Jesus Blanco v. Immigration and Naturalization Service

  • 68 F.3d 642
  • 1995 U.S. App. LEXIS 29808
Court
Court of Appeals for the Second Circuit
Filed
Oct 20, 1995
Status
Published
Author
Van Graafeiland
On the bench
Van Graafeiland, Miner, Leval
Cited by
13 cases
Authority
More cited than 25.9%

finding BIA abused its discretion in denying a motion to reopen based on “extreme hardship,” where BIA failed to note the “most salient” evidence presented by Blanco

How later courts described this case

  • finding BIA abused its discretion in denying a motion to reopen based on “extreme hardship,” where BIA failed to note the “most salient” evidence presented by Blanco
  • holding that BIA abused its discretion in denying motion to reopen
  • finding an abuse of discretion where the Board decided a motion to reopen without considering the record before it
  • predating the IIRIRA amendments of 1996

Written by the judges who cited it.

The opinion

VAN GRAAFEILAND,

Circuit Judge, concurring separately:

I concur in the result reached by my colleagues, but I do so with reservations. In the first place, I depart from my colleagues’ description of the Board’s ruling as a “compendium of errors.” The Board considered Blanco’s claim of hardship as it related to her application for suspension of deportation and rejected it. This was not a “compendium of errors.”

Secondly, I am concerned about the prece-dential effect of my colleagues’ treatment of generalized violence as the equivalent of “extreme hardship.” Civil unrest and generalized violence are conditions endemic to much of Central America. They do not justify a claim of extreme hardship by every reluctant deportee to one of these countries. Before Blanco can qualify for suspension from deportation, she must establish that her hardship would be different and more severe than would that of other illegal aliens returned to the same milieu. See INS v. Jong Ha Wang, 450 U.S. 139, 145 , 101 S.Ct. 1027, 1031-32 , 67 L.Ed.2d 123 (1981). See also Vargas v. INS, 826 F.2d 1394, 1397 (5th Cir.1987); Marquez-Medina, 765 F.2d 673, 676-77 (7th Cir.1985). This is not what Blanco claimed or proved. Indeed, in the motion to reopen Blanco’s case and provide her a suspension of deportation hearing, her counsel, quoting Senator DeConcini stated that Mrs. Blanco and her children “like thousands of other Salvadorans, ‘have been the innocent victims of war, random violence, and civil strife in their homeland.’ ” Moreover, in the decision of the Board of Immigration Appeals, the Board stated that Mrs. Blanco was “fleeing general conditions of violence” and that “at no time has [she] been directly or indirectly threatened or harmed by anyone in El Salvador on account of her political opinion, nor has she established a pattern or practice of persecution of groups of persons situated similarly to [her].” We are required to give substantial deference to the Board’s findings of fact. If they are supported by reasonable, substantial and probative evidence on the record considered as a whole, they are conclusive. Maikovskis v. INS, 773 F.2d 435, 446 (2d Cir.1995); Sarkis v. Sava, 599 F.Supp. 724, 726 (E.D.N.Y.1984).

I am content with my colleagues’ finding of extreme hardship but not on the ground that her exposure to violence was more severe than that of other Salvadoran refugees.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.