Ortiz

Ortiz v. Immigration & Naturalization Service

Good Law
179 F.3d 1148·99 Daily Journal DAR 5625·1999 WL 366593·1999 U.S. App. LEXIS 11748·99 Cal. Daily Op. Serv. 4389
United States Court of Appeals for the Ninth CircuitJune 8, 1999No. 97-71022California4,039 words

Opinion

Lead Opinion

Boochever, J.

Avaro Gerardo Ortiz, his wife and three children (the “Ortizes”) are natives and citizens of Guatemala. They petition for review of the decision of the Board- of Immigration Appeals (“BIA”) affirming the Immigration Judge’s (“IJ”) decision denying their application for asylum and withholding of deportation under sections 208(a) and 243(h) of the Immigration and Nationality Act, 8 U.S.C. §§ 1158 (a), 1253(h). We have jurisdiction pursuant to 8 U.S.C. § 1105a, 1 and we deny the petition. We stay the mandate for 90 days, however, to allow the Ortizes an opportunity to move the BIA to reopen to consider any claims for relief the Ortizes may have under the Nicaraguan Adjustment and Central American Relief Act of 1997 and the United Nations Convention Against Torture.

BACKGROUND

In April 1995 the Ortizes were served with an Order to Show Cause why they should not be deported as aliens who had entered the United States without inspection by an immigration officer. On May 16, 1995, the Ortizes filed an application for political asylum. At their first immigration hearing on July 5, 1995, the Or-tizes ádmitted the allegations in the OSC and conceded their deportability, but requested…

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