Flora

Flora v. Ashcroft

Good Law
106 F. App'x 529
United States Court of Appeals for the Ninth CircuitJune 7, 2004Nos. 02-73886California879 words

Opinion

Lead Opinion

MEMORANDUM *

Manuel Flora, Josie Madronio Flora and Mark Edison Flora petition for review of an Immigration Judge’s determination that they are removable because they were paroled into the United States, their parole status has terminated, and they do not meet asylum requirements. We review the Immigration Judge’s decision because the Board of Immigration Appeals affirmed without opinion. Falcon Carriche v. Ashcroft, 350 F.3d 845, 849 (9th Cir. 2003).

We take testimony by the Floras as true because the Immigration Judge found them credible. Vukmirovic v. Ashcroft, 362 F.3d 1247, 1251 (9th Cir.2004). “Administrative findings of fact are conclusive unless any reasonable adjudicator would be compelled to conclude to the contrary.” 8 U.S.C. § 1252 (b)(4)(B).

We affirm the order of removal. We stay the mandate, however, so the Floras may move the Board of Immigration Appeals to reopen proceedings to consider adjustment of status in light of new developments regarding their 1-130 petitions.

I

Ample evidence supports the Immigration Judge’s finding that the Floras were paroled into the United States rather than admitted as refugees as they claim. The evidence includes the Floras’…

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