Maria Lucila Martinez-Zelaya v. Immigration & Naturalization Service

Maria Lucila Martinez-Zelaya petitions for review of the Board of Immigration Appeals’ (BIA) summary dismissal of her appeal from an order finding her deporta-ble and granting her voluntary departure in lieu of deportation. The BIA concluded that the appeal was “frivolous or filed solely for the purpose of delay.” 8 C.F.R. § 3.1 (d)(l-a)(iv) (1987). We affirm the BIA’s summary dismissal and deny the petition for review.

I

On March 6, 1984, Martinez-Zelaya was charged by order to show cause with respect to having entered the United States without inspection. In April 1984, Martinez-Zelaya appeared with fifteen others at a consolidated deportation hearing conducted to receive pleas in response to the orders to show cause and to determine if further relief was requested. The proceeding was conducted with the assistance of a Spanish language interpreter. All sixteen were represented by an attorney, making a special appearance on behalf of an accredited representative of a legal services organization. On behalf of the aliens, the attorney admitted the allegations of the orders to show cause, conceded deportability for entering the United States without inspection, and requested…