804 F.2d 531 (9th Cir. 1986), 85-7347, Torres-Guzman v. I.N.S.

Docket Nº:85-7347.
Citation:804 F.2d 531
Party Name:Rosa TORRES-GUZMAN and Alberto Torres-Guzman, Petitioners, v. IMMIGRATION & NATURALIZATION SERVICE, Respondent.
Case Date:November 10, 1986
Court:United States Courts of Appeals, Court of Appeals for the Ninth Circuit

Page 531

804 F.2d 531 (9th Cir. 1986)

Rosa TORRES-GUZMAN and Alberto Torres-Guzman, Petitioners,



No. 85-7347.

United States Court of Appeals, Ninth Circuit

November 10, 1986

Jose Luis Ramos, Los Angeles, Cal., for petitioners.

Dzintra Janavs, George Wu, Asst. U.S. Attys., Los Angeles, Cal., for respondent.

Page 532

Petition for Review of an Order of the Board of Immigration Appeals.

Before CANBY, REINHARDT, and NOONAN, Circuit Judges.

CANBY, Circuit Judge:

Rosa and Alberto Torres-Guzman, sister and brother, petition for review of the denial of their applications for suspension of deportation. The Board of Immigration Appeals (Board) found that the petitioners were not eligible for discretionary relief of suspension because they had failed to show that they were of good moral character as required by section 244(a)(1) of the Immigration and Naturalization Act (Act), 8 U.S.C. Sec. 1254(a)(1). We find that the Board erred by failing to consider all the factors relevant to the evaluation of the petitioners' characters. Accordingly, we grant the petition, reverse and remand the case.


Rosa Torres-Guzman and her brother Alberto Torres-Guzman were born in 1963 and 1965, respectively. They, along with their parents and five other siblings, entered the United States unlawfully at San Ysidro, California in September 1975.

Rosa attended junior high school in Los Angeles from 1975 to 1978. She left school after the ninth grade in order to gain employment and help support her family. Since then she has worked continuously as a clerk in the accounting department of a California business. Her employer has submitted a letter on her behalf. In 1981, she married Rigoberto Chavez; a child, Adriana, was born to them later that year. Rosa and her husband own a 1987 Honda automobile and equity in real estate worth $6,400. Rosa has paid income taxes on her salary. Her husband is also a native Mexican who entered the United States unlawfully. He is employed in Los Angeles.

After entering the United States, Alberto attended elementary school and high school. His class rank upon graduation from high school was 526 of 802. At the time of the initial hearings before the Immigration Judge, he was unemployed. Neither Alberto nor his sister Rosa has ever been arrested or convicted of any crime.

In 1984, Rosa and Alberto planned to travel to Mexico on vacation. They were concerned about their ability to reenter the country. Before leaving, they purchased false birth certificates...

To continue reading