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BIGGS v. I.N.S.

No. 93-70832.

55 F.3d 1398 (1995)

Julieta Vitug BIGGS, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Ninth Circuit.

Decided May 24, 1995.

Attorney(s) appearing for the Case

Ann E. Benson, Anchorage, AK, for petitioner.

Alexander H. Shapiro, Office of Immigration Litigation, U.S. Dept. of Justice, Washington, DC, for respondent.

Before: PREGERSON, CANBY, and BOOCHEVER, Circuit Judges.

CANBY, Circuit Judge:

Julieta Vitug Biggs petitions for review of a Board of Immigration Appeals (BIA) decision finding her deportable and denying her application for discretionary relief. Although we agree that Biggs is deportable, we find that the BIA abused its discretion in evaluating her claim for relief from deportation. Accordingly, we remand to the BIA to allow Biggs to supplement her medical evidence and to reconsider whether she has established extreme hardship...

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