Heu Long Siong v. Immigration & Naturalization Service

In No. 03-71379, petitioners Heu Long Siong, his wife, and his four children petition for review of a decision of the Board of Immigration Appeals (“BIA” or “Board”), dismissing their motion to reopen their deportation proceedings. In No. 99-71524, Siong 1 had previously petitioned this court to review the decision of the BIA dismissing as untimely his appeal from the decision of the Immigration *1034 Judge (“IJ”). ’■ We vacated submission of the prior case and held it in abeyance pending the BIA’s consideration of Siong’s motion to reopen proceedings. -The BIA subsequently denied the motion to reopen, and Siong filed a new petition for review. The cases were consolidated for consideration. 2 We have jurisdiction pursuant to former 8 -U.S.C. § 1105a, as amended by § '309(c)(4) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. Kalaw v. INS, 133 F.3d 1147, 1150 (9th Cir.1997).

BACKGROUND

Siong and his wife are natives of Laos, of Hmong ethnicity, and citizens of France. Their children are natives and citizens of France, where their family lived for 13 years. During the Vietnam War, Siong was trained by the Central Intelligénce Agency (“CIA”) to spy on…