Laciste

Laciste v. Immigration & Naturalization Service

Good Law
41 F. App'x 80
United States Court of Appeals for the Ninth CircuitJuly 3, 2002No. 00-71236; I & NS Nos. A28-322-144, A28-322-145California1,158 words

Opinion

Lead Opinion

*81 MEMORANDUM **

Federico Padasdao Laciste, 71, and his wife Emiliana Evangelista Laciste, 68, are elderly natives and citizens of the Philippines. They entered the United States in August of 1987 with authorization to remain temporarily. They were granted several extensions on their stay until September 6, 1993. They remained in the United States past that date, however, and the Immigration and Naturalization Service (INS) issued Orders to Show Cause (OSCs) informing petitioners that they had overstayed and of their need to report to deportation proceedings. They were granted an initial continuance in order to obtain counsel. At their February 1994 hearing, the petitioners indicated they wished to apply for suspension of deportation, asylum, and withholding of deportation. The hearing was continued until August 24,1994.

Petitioners filed applications for suspension of deportation in April 1994 and moved to continue the August 24, 1994, hearing for two weeks. Petitioners argued they would not meet the seven-year residency requirement to be eligible for suspension of deportation until August 31, 1994. They also indicated they were waiting for information from the FBI that might…

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