Fernando Mendiola-Sanchez Mario Mendiola-Araujo v. John Ashcroft, Attorney General
Opinion
Opinion
Schroeder, J.
Fernando Mendiola-Sanchez Sr. and his son Mario Mendiola-Araujo are natives and citizens of Mexico who seek review of the Board of Immigration Appeals’ (“BIA”) denial of their application for suspension of deportation. The United States has been their home since 1983, but because the Mendiolas left the United States for a period of more than 90 days to care for elderly relatives, the BIA concluded that they were statutorily ineligible for relief. We must deny the petition for review because our current immigration law requires that result. See 8 U.S.C. § 1229b(d)(2).
FACTUAL AND PROCEDURAL BACKGROUND
The Mendiolas entered the United States on tourist visas in 1983 and have lived in the small town of Lebec, California for about twenty years. Several other members of the Mendiola family are U.S. citizens or legal permanent residents. In October 1993, Mr. Mendiola-Sanchez traveled to Mexico to visit his elderly parents. His trip was unexpectedly extended because both of his parents were injured during his visit and he stayed to help care for them. One month later, his then-10year-old son joined him in Mexico. The Mendiolas returned to the United States on March 25,1994.