Bernal
Bernal v. Immigration & Naturalization Service
Opinion
Lead Opinion
MEMORANDUM *
Petitioner Marcial Montilla Bernal petitions for review of a decision of the Board of Immigration Appeals (BIA), affirming the denial by the immigration judge (IJ) of his applications for suspension of deportation and for voluntary departure. We deny the petition..
In November 1990, the Immigration and Naturalization Service issued an Order to Show Cause charging Bernal with deportability. In 1991, Bernal filed applications for suspension of deportation and for voluntary departure. In 1992, the IJ found him deportable. The IJ also found that, in February 1990, and again in June 1990, Bernal had made material, false representations about his marital status while applying for a visa, a finding Bernal does not challenge here. On the basis of these recent false representations, the IJ found that Bernal could not establish the requisite years of demonstrated moral character to be eligible either for suspension of deportation or for voluntary departure. On June 19, 1992, Bernal appealed to the BIA. Seven years later, in 1999, the BIA affirmed the I J’s ruling.
*787 In his petition for review, Bernal contends he should be able to count the years that his appeal was…