The following excerpt is from Ramirez-Gonzalez v. I.N.S., 695 F.2d 1208 (9th Cir. 1983):
Section 244(a)(1) of the Act grants the Attorney General the discretion to suspend deportation of certain deportable aliens. The exercise of his discretion, however, may not be arbitrary, irrational or contrary to law. Santana-Figueroa v. INS, 644 F.2d 1354, 1355 (9th Cir.1981). This discretion cannot be properly exercised unless the specific circumstances of a hardship claim are considered. "When important aspects of the individual claim are distorted or disregarded, denial of relief is arbitrary ... [and] we must remand such cases for proper consideration." Id. at 1356. Petitioners allege that the BIA abused its discretion in making its extreme hardship determination by failing to consider several relevant factors: (1) the hardship that results from the separation of close family ties; (2) the personal hardship that flows from economic detriment; and (3) the hardship that results from the political turmoil in Guatemala.
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