Does the Attorney General have discretion to suspend deportation of an otherwise deportable alien?

MultiRegion, United States of America

The following excerpt is from Paniagua-Mendieta v. U.S. I.N.S., 972 F.2d 1341 (9th Cir. 1992):

The Attorney General has the discretion to suspend deportation of an otherwise deportable alien who (1) has been physically present in the United States for not less than seven years (2) is "a person of good moral character" during that time and (3) 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." 8 U.S.C. 1254(a)(1). It is the alien's burden to prove that she satisfies the statutory criteria and that she merits the favorable exercise of discretion. Ramirez-Durazo v. INS, 794 F.2d 491, 497 (9th Cir.1986).

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