Ireneo Ysip Israel, Josefina Torres Israel v. Immigration and Naturalization Service

Petitioners, Ireneo Ysip Israel and his wife Josephina Torres Israel (Israels) seek review of the Board of Immigration Appeals’ decision denying their motions to reopen to apply for suspension of deportation under 8 U.S.C. § 1254 (a)(1). The BIA found that the Israels failed to make a prima facie showing of extreme hardship and did not merit discretionary relief. We hold that the BIA did not abuse its discretion in finding that the Israels failed to make a prima facie showing of extreme hardship and accordingly affirm the BIA’s decision.

The Israels are natives and citizens of the Philippines. Mr. Israel entered the United States in 1968 as a nonimmigrant visitor authorized to stay until January 5, 1969. At his deportation hearing, held in February 1969, he admitted deportability and was granted voluntary departure through February 28, 1969. The BIA dismissed his appeal. In August 1969, upon motion of the INS, this court dismissed Mr. Israel’s peti tion for review as frivolous. He failed to depart.

On May 31, 1969, after the BIA had dismissed her husband’s appeal, Mrs. Israel entered the United States as a nonimmi-grant visitor authorized to stay only through December 30, 1969.…