Antonio Casas-Chavez Clementina Avila-Espinoza v. Immigration & Naturalization Service

Antonio Casas-Chavez and Clementina Avila-Espinoza, husband and wife, are natives and citizens of 'Mexico. The Immigration and Naturalization Service (INS) issued Orders to Show Cause on January 16, 1997, charging Petitioners as deporta-ble pursuant to INA § 241(a)(1)(B), 8 U.S.C. § 1251 (a)(1)(B) (1994) (entering without inspection). Petitioners admitted the allegations and conceded deportability. In September 1998,' an immigration judge denied the applications for suspension of deportation on the grounds that Casas-Chavez did not meet the requirement of seven consecutive years of physical presence in the United States, and because Avila-Espinoza failed to demonstrate “extreme hardship” as required for relief. The immigration judge allowed Petitioners to voluntarily depart in lieu of deportation.

Following the immigration judge’s decision, Petitioners, with the aid of counsel, filed a timely Notice of Appeal with the Board of Immigration Appeals (BIA). In the Notice of Appeal, Petitioners specified their reasons for appeal, and also indicated they would file a separate brief supporting their argument. The BIA instructed Petitioners that their brief would be due on or…