Rodriguez-Roman

Rodriguez-Roman v. Immigration & Naturalization Service

Good Law
34 F. App'x 598
United States Court of Appeals for the Ninth CircuitMay 14, 2002No. 01-70256; I & NS No. A71-908-316California1,423 words

Opinion

Lead Opinion

MEMORANDUM **

Petitioner Teodoro Rodriguez-Roman, a native and citizen of Mexico, seeks review of the Board of Immigration Appeals’s (“BIA”) decision not to reopen his deportation proceedings. The BIA denied petitioner’s motion to reopen as untimely and declined to exercise its sua sponte power to reopen under 8 C.F.R. § 8.2 (a). This timely petition for review followed. 1 We deny the petition.

The INS commenced deportation proceedings against petitioner on September 24, 1991 under § 241(a)(1)(B) of the Immigration and Nationality Act (“INA”) based on his entry into the United States without inspection. In April 1992, the Immigration Judge denied petitioner’s application for suspension of deportation but allowed petitioner to depart voluntarily. Petitioner appealed the denial of his application for suspension of deportation to the BIA on April 9, 1992, which the BIA denied nearly eight years later by written opinion dated February 7, 2000. On July 18, 2000, petitioner filed a motion to reopen his deportation proceedings in order to present additional evidence of the hardship his deportation would cause to him and his family based on their continued assimilation into the United…

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