Valerio-Garcia

MEMORANDUM **

Leonor Margarita Valerio-Garcia and her children Nashielly Perez-Valerio, Arturo Perez-Valerio, Carlos Alberto Perez-Valerio, and Miguel Angel Perez-Valerio (collectively “Petitioners”) petition for review of a final order of deportation entered by the Board of Immigration Appeals *599 (“BIA”) on November 30, 2000. The facts and prior proceedings are known to the parties; they are not restated herein except as necessary.

Valerio-Garcia, a native and citizen of Mexico, entered the United States without inspection on September 1, 1989, and her children entered without inspection on July 25, 1995. On June 28, 1996, all Petitioners were served with Orders to Show Cause (“OSC”) why they should not be deported as aliens having entered the United States without inspection. At a hearing on April 11, 1997, Petitioners conceded deportability and Valerio-Garcia applied for suspension of deportation. The Immigration Judge denied Valerio-Gar-cia’s request for suspension of deportation because she 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…