Samuel Martinez-Serrano v. Immigration and Naturalization Service

Samuel Martinez-Serrano, a citizen of Mexico, petitions for a review of the Board of Immigration Appeals (BIA) dismissal of his appeal and denial of his motion to reopen and reconsider.

I. BACKGROUND

On February 27, 1990, the Immigration and Naturalization Service (INS) began deportation proceedings against Martinez-Serrano for entering the United States without inspection. The Immigration Judge (IJ) found Martinez-Serrano deportable and granted him voluntary departure.

On October 3, 1990, the petitioner filed a notice of appeal to the BIA, contending that the IJ did not need to find him deportable before granting him voluntary departure. He indicated that he intended to file a separate written brief or statement. He, however, did not provide a separate written brief. On July 29, 1991, the BIA dismissed Martinez-Serrano’s appeal, stating: “[t]he relief the respondent is requesting cannot be accorded by the immigration judge or this Board.” The BIA also found that petitioner’s deportability had been established by clear, unequivocal, and convincing evidence.

On October 28, 1991, petitioner filed a motion to reopen and reconsider the decision of the BIA. The primary basis of the…