Andy Mabel Escobar-Ramos, Jose Maximo Martinez-Reyes v. Immigration and Naturalization Service
Opinion
Opinion
Tang, J.
Petitioners Andy Mabel Escobar-Ramos and Jose Maximo Martinez-Reyes petition for rehearing of a decision of this court denying their petition for review of a decision of the Board of Immigration Appeals (BIA). The BIA had issued an order dismissing their appeal from an Immigration Judge’s (IJ) decision finding them deporta-ble and denying their application for asylum.
We deny without prejudice the petition for review of the decision of the BIA but we stay our mandate to permit the BIA to consider petitioners’ motion to reopen or reconsider their appeal.
On December 2, 1985, following a hearing the IJ concluded that Escobar-Ramos and Martinez-Reyes were deportable and denied their applications for asylum and withholding.
On December 12, 1985, petitioners appealed to the BIA from the IJ’s decision by submitting a notice of appeal, Form I-290A. Petitioners provided four reasons and indicated that they would file a separate written brief or statement after reviewing the transcript of the hearing.
Nearly two years after the deportation hearing, the Immigration Court Clerk of the Office of the Immigration Judge sent the transcript of the hearing to petitioners’ counsel on October…