Does the Immigration Judge have a duty to determine whether an alien is eligible for suspension of deportation under section 1254 of the Immigration Regulation?

MultiRegion, United States of America

The following excerpt is from Duran v. I.N.S., 756 F.2d 1338 (9th Cir. 1985):

In United States v. Barraza-Leon, 575 F.2d 218 (9th Cir.1978), we considered the application of this regulation to an alien's right to relief under 8 U.S.C. Sec. 1254, which provides for suspension of deportation for aliens with seven years' continuous residence in the United States. Barraza, a deportable alien, argued that the Immigration Judge was required to determine whether he was eligible for suspension of deportation under 8 U.S.C. Sec. 1254, even though the record was devoid of any indication that he was entitled to such relief. We rejected this argument and held that "[u]ntil the respondent himself or some other person puts information before the judge that makes such eligibility 'apparent,' this duty does not come into play." Id. at 222.

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