Roman-Fernandez

Roman-Fernandez v. Immigration & Naturalization Service

Good Law
34 F. App'x 553
United States Court of Appeals for the Ninth CircuitApril 22, 2002No. 01-70477; I & NS Nos. A27-617-522, A27-617-525California925 words

Opinion

Lead Opinion

MEMORANDUM ***

Alvaro Roman-Fernandez and Pablo Roman-Henao, father and son (collectively *554 referred to as “the Romans”), and natives of Colombia, petition for review from the Board of Immigration Appeals’ (“BIA”) denial of their motion to reopen their deportation proceedings to apply for relief under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (“Convention Against Torture”), and to re-apply for asylum based on changed country conditions. We affirm the BIA’s denial of the Romans’ Motion to Reopen and therefore deny the petition for review.

The Romans first contend that they should be allowed to apply for relief under the Convention Against Torture. The implementing regulations for the Convention Against Torture provide that aliens who were ordered deported before March 22, 1999 may move to reopen BIA proceedings under 8 C.F.R. §§ 3.2 , 3.23 (2000) to apply for relief under the Convention, but any such motion to reopen must be filed by June 21, 1999. 8 C.F.R. § 208.18 (b)(2)® (2000). Here, the final order of deportation was entered in December 1987. Therefore any motion to reopen the case under the Convention Against Torture…

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