Merced Hernandez-Rivera and Carlota Garcia-Vasquez v. Immigration and Naturalization Service

Petitioners seek review of an order of the Board of Immigration Appeals (hereinafter referred to as the “Board”) dismissing their appeal of an Immigration Judge’s order denying their request for 15 months voluntary departure time. The Board dismissed the appeal on two separate grounds: (1) The appeal was not timely filed; (2) The Board has no jurisdiction under 8 C.F.R. § 3.1 (b)(2) (1979) to review the denial of a greater period of voluntary departure time than that fixed by the immigration judge.

For the reasons discussed below, we have concluded that under these facts the appeal to the Board must be deemed to have been timely filed, but the appeal was properly dismissed under 8 C.F.R. § 3.1 (b)(2). We find that the remaining issues raised by petitioners are without merit, and accordingly dismiss their petition.

TIMELINESS OF THE APPEAL TO THE BOARD OF IMMIGRATION APPEALS

The deportation hearings were held on March 16, 1978. At the close of the proceedings the immigration judge orally notified Francisco J. Barba, counsel for the petitioners, that he had ten days from that date to appeal. In a letter dated March 24, 1978, Mr. Barba advised the immigration judge that he was…