Mansour Wosough-Kia, Zahra Wosough-Kia and Fariborz Wosough-Kia v. Immigration and Naturalization Service

The petitioner, who is subject to a deportation order previously affirmed by the Board of Immigration Appeals, appeals from the Board’s denial of his motion to reopen the deportation proceedings. The Board treated petitioner’s application for suspension as a motion to reopen the deportation proceedings. The petition alleges that the alien has a citizen child of school age and a few close relatives currently residing in the United States, and it is urged that the Board is required to grant a hearing on the petition under Urbano de Malayan v. I&NS, No. 76-3120 (9th Cir. June 27, 1978). There is no merit to this contention, and we affirm the Board’s order denying the petition to reopen, as well as the original deportation order.

The purpose of a petition to reopen proceedings is to permit the petitioner to prove good moral character and extreme hardship by evidence not previously available for consideration by the Board. 8 C.F.R. § 3.2 provides: “Motions to reopen in deportation proceedings shall not be granted unless it appears to the Board that evidence sought to be offered is material and was not available and could not have been discovered or presented at the former hearing.” 8…