Roman-Fernandez
Roman-Fernandez v. Immigration & Naturalization Service
Opinion
Lead Opinion
MEMORANDUM *
Petitioners Alvaro Roman-Fernandez and Pablo Roman-Henao petition for review of the Board of Immigration Appeals’ denial of their motions to reopen deportation proceedings to seek suspension of deportation and adjustment of status.
Petitioners’ deportation proceedings commenced prior to April 1, 1997. IIRIRA’s transitional rules therefore govern their case. See IIRIRA, Pub.L. No. 104-208, § 309 (a), 110 Stat. 3009 , 3009-625 (1996); Kalaw v. INS, 133 F.3d 1147, 1150 (9th Cir.1997). We review the BIA’s interpretation of IIRIRA de novo. See Ram v. INS, 243 F.3d 510, 513 (9th Cir.2001). We review the BIA’s denial of a motion to reopen for abuse of discretion. See Kon *979 stantinova v. INS, 195 F.3d 528, 529 (9th Cir.1999).
Petitioners contend that the BIA erred in construing their “Amendment” as a motion to reopen. According to Petitioners, the “Amendment” was not a new motion, but rather an amendment to their prior, timely-filed motion to reopen alleging an additional avenue of relief, adjustment of status. 2 Petitioners offer no case law or statutory support for such an interpretation. The immigration laws do not provide for amendments that relate back in time to…