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HERNANDEZ-RIVERA v. IMMIGRATION & NATURALIZATION

No. 78-3556.

630 F.2d 1352 (1980)

Merced HERNANDEZ-RIVERA and Carlota Garcia-Vasquez, Petitioners, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Ninth Circuit.

Decided October 23, 1980.

Attorney(s) appearing for the Case

Fransisco J. Barba, Immigration Law Unit, San Francisco, Cal., for petitioners.

Lauri Steven Filppu, Atty., I.&N.S., Washington, D. C., argued for respondent; Eric A. Fisher, Dept. of Justice, Washington, D. C., on brief.

Before KENNEDY, SKOPIL and ALARCON, Circuit Judges.

ALARCON, Circuit Judge:

Petitioners seek review of an order of the Board of Immigration Appeals (hereinafter referred to as the "Board") dismissing their appeal of an Immigration Judge's order denying their request for 15 months voluntary departure time. The Board dismissed the appeal on two separate grounds: (1) The appeal was not timely filed; (2) The Board has no jurisdiction under 8 C.F.R. § 3.1(b)(2) (1979) to review the denial of a greater period of voluntary...

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