Khacherian

Khacherian v. Immigration & Naturalization Service

Good Law
28 F. App'x 622
United States Court of Appeals for the Ninth CircuitJanuary 24, 2002No. 99-71471; I & NS No. A70-817-267 A70-817-266 A70-817-265 A70-817-264California1,988 words

Opinion

Lead Opinion

MEMORANDUM **

This case is hereby resubmitted for decision.

Vrej Khacherian, his wife Paylatsun Madaryan, and their two children, Ovsanna and Arpine, arrived in the United States from Armenia on July 3, 1993. Shortly thereafter, the family filed a Request for Asylum, alleging that Vrej had been politically active as a member of the Opposition Party in Armenia and that it was therefore unsafe for him to return to that country. The INS denied the asylum request and served the Khacherians with an Order to Show Cause. The Khacherians, represented by counsel, appeared before an Immigration Judge (“IJ”) on November 2, 1995. At the hearing, they withdrew their asylum application, conceded deportability, and obtained a voluntary departure order. They failed to depart pursuant to the voluntary departure order.

Over a year after their specified departure date, Paylatsun Madaryan received notice that she had been selected for a diversity visa. When she filed for-adjustment of status, however, the INS told her that the adjustment could only be done by an IJ. Accordingly, the Khacherians filed a motion in pro per to reopen proceedings before the IJ. They alleged that they were unaware that…

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