Rolando Lopez Chavez v. Immigration and Naturalization Service
Opinion
Opinion
Canby, J.
Lopez, a 32-year-old citizen of El Salvador, entered the United States without inspection in March, 1981. At his deportation hearing, Lopez requested an opportunity to file an application for political asylum. Lopez did not file his application before either of two deadlines set by the Immigration Judge (IJ). The IJ entered an order of deportation. After the time allowed for appeal had expired, Lopez filed a motion to reopen his deportation proceedings in order to file an application for asylum. Following review of the application by the Department of State, the IJ denied the motion to reopen and the Board of Immigration Appeals (BIA or Board) dismissed Lopez’s appeal. We have jurisdiction under 8 U.S.C. § 1105a; we uphold the decision of the Board and deny the petition for review.
ANALYSIS
Lopez argues that the IJ and BIA improperly refused to reopen his deportation proceeding to entertain his request for asylum. He contends the IJ applied the wrong legal standard when he improperly reviewed his petition on the merits. Finally, Lopez asserts that procedural failings in the administrative proceedings below violated the Fifth Amendment and at least require reopening.