What is the test for a discretionary suspension of deportation under section 244 of the Immigration Code?

MultiRegion, United States of America

The following excerpt is from Flores-Cruz v. I.N.S., 66 F.3d 335 (9th Cir. 1995):

To establish a prima facie case for a discretionary suspension of deportation under section 244(a), an alien must meet the following conditions: 1) continuous physical presence in the United States for not less than seven years; 2) good moral character; and 3) extreme hardship to the alien, or to the alien's United States citizen or lawful permanent resident spouse, parent or child, if the alien is deported. 8 U.S.C. Sec. 1254(a)(1). Even if petitioner makes out a prima facie case of eligibility, on a motion to reopen the "BIA may ... determine that ... the movant would not be entitled to the discretionary grant of relief." INS v. Abudu, 485 U.S. 94, 104-05 (1988).

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