Andres Desting-Estime, Marissia Constant-Constant, Daniel Auguste-Augustin v. Immigration and Naturalization Service

Petitioners, Andres Desting-Estime, Marissia Constant-Constant and Daniel Auguste-Augustin, appeal the Board of Immigration Appeals’ denial of their motion to reopen deportation proceedings to redesignate the country of deportation. We affirm.

I. BACKGROUND

Petitioners are natives and citizens of Haiti. They fled Haiti in 1976 and went to Mexico, where they were granted asylum. The three illegally entered the United States in April, 1978.

On April 17, 1978, the Immigration and Naturalization Service commenced deportation proceedings. All three applied for asylum alleging a likelihood of political persecution on account of their relationship to former high-ranking government officials in Haiti. On January 18, 1979, an Immigration Judge denied the application, but granted petitioners thirty days to depart voluntarily. The three designated France as the country of deportation in the event of their failure to depart voluntarily. The IJ designated Haiti as the first alternative country of deportation and Mexico as the second alternative. An appeal to the BIA was denied.

Petitioners failed to depart voluntarily. France refused to accept them. They then moved to reopen the…