Hilario Alvarez-Ruiz v. Immigration and Naturalization Service

The Board of Immigration Appeals (BIA) denied Hilario Alvarez-Ruiz’s application for suspension of deportation, on the ground that he failed to satisfy the seven years continuous presence requirement. See 8 U.S.C. § 1254(a)(1) (1982).

Alvarez-Ruiz entered the United States from Mexico without inspection in March 1974. He went to Mexico in November 1975 to get married. He returned in May 1976, again without inspection, accompanied by his pregnant wife. He has worked in the forest industry and lived in Wapato, Washington for approximately ten years. He and his wife have six young children, all…