Villarreal-Alarcon

Villarreal-Alarcon v. Immigration & Naturalization Service

Good Law
6 F. App'x 644
United States Court of Appeals for the Ninth CircuitMarch 28, 2001No. 00-70455; Agency Nos. A70-960-320, A70-960-321, A70-960-322, A70-960-323California278 words

Opinion

Lead Opinion

MEMORANDUM

Chelo Henry Villarreal-Aarcon, Roxana C. Villarreal, Italo H. Villarreal-Jurgens, *645 and Gino A. Villarreal-Jurgens petition for review of their final order of deportation entered by the Board of Immigration Appeals (“BIA”) on March 31, 2000. Petitioners were served with orders to show cause on December 5, 1995, approximately six years and two months after they entered the United States. At a hearing on December 1, 1997, the immigration judge denied their applications for suspension of deportation because they had failed to meet the continuous physical presence requirement before being served with the orders to show cause and thus were statutorily ineligible for suspension. On appeal, the BIA affirmed.

Petitioners contend that they were eligible for suspension of deportation and challenge the BIA’s decision that the “stop-time rule,” a new continuous physical presence requirement set forth in the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 110 Stat. 3009 -625, bars such relief in their case. Petitioners’ arguments challenging the application of the stop-time rule are foreclosed by our recent decision in Ram v. INS, 243 F.3d 510 (9th…

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