Fajardo Soltelo v. Gonzales

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

SERGIO FAJARDO SOTELO; PRISCA  No. 03-74083

RAMIREZ ALEMAN; YADIRA BETZAVE

FAJARDO ALEMAN, Agency Nos. Petitioners, A72-538-378 v.  A72-538-379

A72-538-380

ALBERTO R. GONZALES, Attorney

AMENDED

General,

OPINION

Respondent.  On Petition for Review of an Order of the Board of Immigration Appeals

Argued and Submitted September 16, 2005—Pasadena, California

Filed October 21, 2005 Amended December 7, 2005

Before: Jerome Farris, David R. Thompson, and Jay S. Bybee, Circuit Judges.

Opinion by Judge Farris

15855 15858 SOTELO v. GONZALES

COUNSEL

Murray D. Hilts, San Diego, California, for the petitioners- appellants.

S. Nicole Nardone and Leslie McKay, United States Depart- ment of Justice, Civil Division, Office of Immigration Litiga- tion, Washington, D.C., for the respondent-appellee.

OPINION

FARRIS, Circuit Judge:

Petitioners challenge the Board of Immigration Appeals’ denial of their motion to reopen deportation proceedings. Their motion was made in an attempt to avail themselves of the class action settlement…