Sulit
Sulit v. Demore
Opinion
Lead Opinion
MEMORANDUM *
Perlito Sulit and Estela Sulit, citizens of the Philippines, appeal the denial of their petition for a writ of habeas corpus, filed pursuant to 28 U.S.C. § 2241 . We have jurisdiction under 28 U.S.C. § 2253 (a), and we affirm.
Petitioners entered the United States in 1990 as non-immigrant visitors with per *519 mission to remain for one year. They did not depart as required, and the Immigration and Naturalization Service (“INS”) initiated deportation proceedings in March 1993. At a hearing in June 1994, they conceded deportability, but the immigration judge (“IJ”) granted their applications for asylum and withholding of deportation. In March 1996, the Board of Immigration Appeals (“BIA”) vacated the IJ’s rulings and granted petitioners thirty days to voluntarily depart. We affirmed and dismissed the petition for review in an unpublished opinion. Sulit v. INS, 114 F.3d 1195 (9th Cir.1997) (unpublished).
While the INS’s appeal to the BIA was pending, petitioners applied for adjustment of status based on the IJ’s grant of asylum. In October 1996, the INS mistakenly approved their applications and issued permanent resident cards (“green cards”). In January 1998, the…