Amended Opinion Sorachai Sida and Nongyao Puasirirutskul Sida v. Immigration and Naturalization Service

Mr. and Mrs. Sorachai and Nongyao Pua-sirirutskul Sida petition for review of the denial by the Board of Immigration Appeals (BIA) of Mrs. Sida’s motion to reopen the deportation proceedings. Because the BIA abused its discretion in denying Mrs. Sida’s motion to reopen, we reverse.

Petitioners are husband and wife, natives and citizens of Thailand. Both entered the United States in 1969 as students. They left the country for one month in 1972 to be married in Thailand, and returned. In June 1977, their visas having expired, they were found deportable as overstays. At that time they requested and were granted additional time to file for suspension of deportation and voluntary departure. Two months later, in August 1977, petitioners applied only for voluntary departure, which was granted.

In January 1978, Mrs. Sida moved to reopen the deportation proceedings on the ground that she was eligible for suspension of deportation. The unopposed motion was granted. At the hearing on May 8, 1978, however, petitioner’s counsel withdrew the application for suspension of deportation, stating that Mrs. Sida’s one month visit to Thailand in 1972 to be married interrupted the seven years…