Jose Malilay Virginia S. Malilay Thomas Jefferson Malilay v. Immigration and Naturalization Service

53 F.3d 339 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Jose MALILAY; Virginia S. Malilay; Thomas Jefferson Malilay Petitioners, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 93-70721. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 8, 1995. Decided April 20, 1995. Before: WALLACE, Chief Judge, HUG, and HAWKINS, Circuit Judges. 1 MEMORANDUM * 2 Petitioners, a husband, wife, and minor child, petition for review of the Board of Immigration Appeals' ("BIA") dismissal of their appeal from the immigration judge's ("IJ") decision finding them deportable as charged. We have jurisdiction under 8 U.S.C. Sec. 1105a(a), and we deny the petition. I. 3 On June 17, 1988, neither petitioners nor their counsel appeared at their final deportation hearing based on their alleged belief that the hearing had been continued. The IJ, having no notice of the request for a continuance until the morning of the hearing, denied it and conducted the hearing…