Jose Jesus Ramirez-Juarez and Herminda Gil De Ramirez v. Immigration and Naturalization Service

Petitioners were found deportable by an Immigration Judge for having entered the United States in 1977 without inspection, in violation of § 241(a)(2) of the Immigration and Nationality Act, 8 U.S.C. § 1251 (a)(2). Petitioners moved to reopen the proceedings but their motion was denied by the Immigration Judge and the Board of Immigration Appeals affirmed. Petitioners now seek review of the Board’s decision under § 106(a) of the Act, 8 U.S.C. § 1105a(a). We affirm.

Petitioners first illegally entered the United States in 1973 and settled in Idaho. On September 4, 1977, they were apprehended. Petitioners were subsequently found deportable and allowed to depart the United States voluntarily. They left on November 16, 1977, but on November 25, 1977, they reentered the United States without inspection. On March 13, 1978, they were again apprehended. At their deportation hearing on May 11, 1978, petitioners admitted that they had illegally entered and were subject to deportation. They were found deportable and did not appeal. They subsequently moved to reopen the proceedings, and the Immigration Judge denied that motion on February 26, 1979. The Board affirmed on April 18,…