Ioannis Georgios Asimakopoulos and Maria Asimakopoulos v. Immigration and Naturalization Service

HUFSTEDLER, Circuit Judge:

Petitioners seek review of a decision of the Board of Immigration Appeals (the “Board”) denying their petition for suspension of deportation under 8 U.S.C. § 1254(a) (1). We reverse and remand the cause to the Board for two reasons: (1) the Board applied a standard of classification of aliens eligible for suspension that is not authorized by section 1254(a) (1); (2) the Board failed to exercise the discretion that Congress committed to it to determine petitioners’ eligibility for suspension of deportation by section 1254(a) (1). We overrule the contrary holding of…