Aguilera-Martinez

MEMORANDUM ***

Jose Aguilera-Martinez, his wife and children (“Petitioners”), natives and citizens of Mexico, petition for review of the Board of Immigration Appeals (“BIA”) dismissal of their appeal from the Immigration Judge’s (“IJ”) decision denying Petitioners’ request to be placed in deportation proceedings rather than removal proceedings. Petitioners do not challenge the BIA’s denial of their application for asylum, the withholding of removal or the grant of voluntary departure.

The BIA correctly dismissed Petitioners’ appeal. They were not legally entitled to have deportation proceedings commenced prior to IIRIRA, and none were. 8 C.F.R. § 8.14 (a) (providing that proceedings commence “when a charging document is filed with the Immigration Court by the Service”); El Rescate Legal Sews., Inc. v. Executive Office of Immigration Review, 959 F.2d 742, 749 (9th Cir. 1991) (“A deportation proceeding commences with the filing of an order to show cause.”) (citation omitted). Because immigration proceedings commence when the charging document is filed, the Immigration Court was correct to administer removal proceedings against Petitioners. The INS served Petitioner with a Notice…