Maria Corado Rodriguez, and Juan Carlos Corado Moreno v. Immigration & Naturalization Service

ORDER

The panel has voted to deny the petition for rehearing and to reject the suggestion for rehearing en banc. A proposed amended opinion was circulated to the full court on February 15, 1988. The full court has been advised of the suggestion for en banc rehearing, and no judge of the court has requested a vote on the suggestion for rehearing en banc. Fed.R.App.P. 35(b). The petition for rehearing is denied and the suggestion for a rehearing en banc is rejected.

The attached amended Opinion is ordered filed.

OPINION

I. Introduction

Maria Corado Rodriguez and Juan Carlos Corado Moreno (the “Corados”), a Salvadoran mother and her young son, petition for review of the Board of Immigration Appeals’ (BIA) decision dismissing their appeal of their final deportation orders and denying their motion to reopen. They claim that the BIA erred in dismissing their appeal in view of the incompetence of their counsel and the absence of a full and fair hearing prior to deportation. The Corados also aver that, contrary to the BIA’s holding, they established a prima facie case of persecution and, consequently, their motion to reopen should have been granted. Because we reverse and remand the…

concurring:

I withdraw my partial dissent to the majority opinion. I concur in the result now reached in Judge Reinhardt’s revised opinion. Roque-Carranza v. INS, 778 F.2d 1373 (9th Cir.1985).

841 F.2d 865 Maria Corado RODRIGUEZ, and Juan Carlos Corado Moreno, Petitioners, v. IMMIGRATION & NATURALIZATION SERVICE, Respondent. No. 85-7417. United States Court of Appeals, Ninth Circuit. Argued Aug. 7, 1986. Submitted Sept. 10, 1987. Decided Sept. 25, 1987. As Amended Nov. 5, 1987. As Amended on Denial of Rehearing and Rehearing En Banc March 14, 1988. * Joel R. Reynolds, Felicia A. Marcus, and Della Hinn Bahan, Los Angeles, Cal., for petitioners. Stewart Deutsch, Dept. of Justice, Washington, D.C., for respondent. On Petition for Review of an Order of the Board of Immigration Appeals. Before J. BLAINE ANDERSON, HARRY PREGERSON and STEPHEN REINHARDT, Circuit Judges. ORDER 1 The panel has voted to deny the petition for rehearing and to reject the suggestion for rehearing en banc. A proposed amended opinion was circulated to the full court on February 15, 1988. The full court has been advised of the suggestion for en banc rehearing, and no judge of the court has requested a vote on the suggestion for rehearing en banc. Fed.R.App.P. 35(b). The petition for rehearing is denied and the suggestion for a rehearing en banc is rejected. 2 The attached amended Opinion is ordered…