Jamie Guel Perales and Velia Ortega Deguel v. Immigration & Naturalization Service

Petitioners are husband and wife, natives and citizens of Mexico, who were charged on June 18, 1970, with having entered into the United States in 1966 without appropriate entry documents.

Petitioners conceded deportability and on July 2, 1970, they were granted voluntary departure. They did not depart. On July 1, 1971, they filed a motion to reopen, claiming they were eligible for relief under Section 241(f) [ 8 U.S.C. § 1251 (f)] of the Immigration Act. The motion was denied. This court vacated that denial and remanded the case for reconsideration in light of Lee Fook Chuey v. INS, 439 F.2d 244 (9th Cir. 1970). After a rehearing, this court withdrew its prior decision and affirmed the denial of the motion to reopen on the basis of Reid v. INS, 420 U.S. 619 , 95 S.Ct. 1164 , 43 L.Ed.2d 501 (1975), which holding was contrary to Lee Fook Chuey .

Petitioners then filed their second motion to reopen which is the subject of this appeal. This time they claimed that since they had been here more than seven years, they were eligible for suspension of deportation pursuant to Section 244 [ 8 U.S.C. § 1254 ] of the Act. On June 8, 1976, the Board of Immigration Appeals denied the motion…