Carrillo

Carrillo v. Immigration & Naturalization Service

Good Law
7 F. App'x 648
United States Court of Appeals for the Ninth CircuitMarch 26, 2001No. 99-71390; Agency Nos. A70-790-129, A72-515-373, A72-515-374, A72-515-375California286 words

Opinion

Lead Opinion

MEMORANDUM

Victoria Canillo, on her own behalf and on behalf of her three minor children (collectively “Petitioner”), petitions for review of the final order of deportation entered by the Board of Immigration Appeals (“BIA”) on September 30, 1999. Petitioner was served with an order to show cause (“OSC”) on December 12, 1996 — -approximately four years and six months after she entered the United States. At a hearing on March 23, 1998, the Immigration Judge denied Petitioner’s application for suspension of deportation because Petitioner had failed to meet the continuous physical presence requirement before being served with the OSC and thus was statutorily ineligible for suspension. On appeal, the BIA affirmed.

Petitioner contends that she was eligible for suspension of deportation and challenges 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 her case. Petitioner’s arguments challenging the application of the stop-time rule are foreclosed by our recent decision in Ram v. INS, No. 99-70918, 2001 WL 173309…

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