Nicolas Rodriguez-Lariz Maria De Jesus Guevara-Martinez v. Immigration and Naturalization Service
Opinion
Opinion
Tashima, J.
Petitioners Nicolas Rodriguez-Lariz and Maria de Jesus Guevara-Martinez were granted voluntary departure to Mexico after their legal representatives failed timely to file applications for suspension of deportation under § 244 of the Immigration and Naturalization Act (“INA”). Petitioners’ appeal was dismissed by the Board of Immigration Appeals (“BIA”), and their subsequent motion for reconsideration was denied. Petitioners then filed a motion to reopen their deportation proceedings, arguing that they were prevented from timely filing their applications for suspension of deportation due to ineffective assistance of counsel and that exceptional circumstances warranted reopening their case. The BIA denied this motion and petitioners timely petition for review. We grant the petition and reverse the BIA.
I. BACKGROUND
Petitioners are Mexican nationals who entered the United States in 1988 and have lived here continuously since that time. Petitioners are married with two citizen-children, Nico and Janet.
In their motion to reopen filed with the BIA, petitioners made a series of factual allegations that form the basis of this appeal. The government does not directly dispute these…