Santa-Restrepo

Santa-Restrepo v. Immigration & Naturalization Service

Good Law
8 F. App'x 728
United States Court of Appeals for the Ninth CircuitApril 20, 2001No. 99-70209; INS No. A29-637-626California532 words

Opinion

Lead Opinion

MEMORANDUM *

John Jairo Santa-Restrepo (“Santa”) appeals the denial of his motion to reopen by the Board of Immigration Appeals (“BIA” or “Bureau”). We affirm.

Santa entered the United States from Colombia in 1987 without being inspected by an immigration officer. On February 16, 1993, the Immigration and Naturalization Service (“INS”) served him with an Order to Show Cause, and he appeared before an Immigration Judge (“IJ”) on *729 March 12, 1993. At that time, Santa conceded the factual allegations against him and sought relief in the form of voluntary departure. The IJ granted that relief and ordered Santa to leave the United States by May 26, 1993. Santa did not leave the country as ordered. Instead, he settled in Connecticut, entered into two marriages, had a son, and started a business. His second wife, a U.S. citizen, filed a visa petition on his behalf in 1997, and Santa applied for permanent residence on the same day. Although the visa was issued on November 8, 1997, the INS District Director denied the application for residence and instead issued a second order for Santa’s deportation on January 13, 1998.

Santa responded by filing a motion to reopen before an IJ. His…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.