Rodolfo Q. Agustin v. Immigration and Naturalization Service

BACKGROUND

This is Rodolfo Agustin’s third appeal from a decision of the Board of Immigration Appeals (BIA). Agustín now seeks review of the BIA’s denial of reopening his deportation hearing to apply for suspension of deportation under 8 U.S.C. § 1254(a)(1).

Agustín, a 28 year old native and citizen of the Philippines, entered this country in 1974 with an immigrant visa as the spouse of a permanent resident of the United States. He divorced his first wife shortly after his entry and married Lydia Carino on May 7, 1975. Three children of this union were born in the United States.

Agustín was…