Moran-Hernandez
Moran-Hernandez v. Immigration & Naturalization Service
Opinion
Lead Opinion
MEMORANDUM
Agustín Moran-Hernandez and Araceli Martinez De Moran, husband and wife and natives and citizens of Mexico, petition for review of the final order of deportation entered by the Board of Immigration Appeals (“BIA”) on April 28, 2000.
Araceli was served with an order to show cause (“OSC”) on January 15, 1997— approximately six years and nine months after she entered the United States. At a hearing on March 17, 1998, the Immigration Judge (“IJ”) denied Araceli’s application for suspension of deportation because *684 Araceli 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.
Araceli 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.
■ Araceli’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 (9th…