Rafeal Ramirez-Durazo, Rosa Isela Lopez De Ramirez, Luz Maria Ramirez-Alcaraz, Maria Sara Ramirez-Alcaraz v. Immigration and Naturalization Service

Petitioners, husband, wife, and two children, citizens of Mexico, seek review of a decision of the Board of Immigration Appeals affirming an immigration judge’s order excluding the wife from admission to the United States and denying the applications of the other petitioners for suspension of deportation. We dismiss the wife’s appeal for lack of jurisdiction over a direct appeal from an exclusion order, and deny the petition of the other aliens.

BACKGROUND

Rafael Ramirez-Durazo and Rosa Isela Lopez de Durazo, husband and wife, are citizens of Mexico. They have three children, one of whom is a citizen of the United States. The other two children, Luz Maria Ramirez-Alcarez and Maria Sara Ramirez-Alcarez, are Mexican citizens.

These four petitioners entered the United States in 1977 as nonimmigrant visitors for pleasure authorized to remain for fifteen days. They were for a time beneficiaries of the injunction in Silva v. Levi, No. 76-C-4268 (N.D.Ill. Mar. 22, 1977), under which the Immigration and Naturalization Service (“INS”) was enjoined from deporting certain Western Hemisphere aliens because of an erroneous allocation of visas to Cuban refugees. The Silva injunction was…