Legal Opinion

Fernando Mendiola-Sanchez Mario Mendiola-Araujo v. John Ashcroft, Attorney General

Court of Appeals for the Ninth Circuit

Decided August 27, 2004No. 02-72633PublishedCited by 18 opinions

1Opinion of the Court

SCHROEDER, Chief Judge:

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).

FACT…

2Cases cited5 opinions

  1. Anant Ram Sangeeta Ram Nazra Bibi Ram v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 2001
  2. Jose Didiel Munoz v. John Ashcroft, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2003
  3. Rivera-Jimenez v. Immigration & Naturalization ServiceCourt of Appeals for the Tenth Circuit · 2000
  4. Garri Karapetian v. Immigration and Naturalization ServiceCourt of Appeals for the Seventh Circuit · 1998
  5. Octavio Tapia v. John Ashcroft, Attorney General of the United States, 1Court of Appeals for the Seventh Circuit · 2003

3Cited by18 opinions

  1. Joaquin Sinotes-Cruz v. Alberto R. Gonzales, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2006
  2. Margarita Garcia-Ramirez v. Alberto R. Gonzales, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2005
  3. Jacqueline Canales-Vargas v. Alberto R. Gonzales, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2006
  4. Peralta v. GonzalesCourt of Appeals for the First Circuit · 2006
  5. Pascua v. HolderCourt of Appeals for the Ninth Circuit · 2011

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