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MENDIOLA-SANCHEZ v. ASHCROFT

No. 02-72633.

381 F.3d 937 (2004)

Fernando MENDIOLA-SANCHEZ; Mario Mendiola-Araujo, Petitioners, v. John ASHCROFT, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed August 27, 2004.

Attorney(s) appearing for the Case

Helen A. Sklar, Law Office of Helen Sklar, Los Angeles, CA, for the petitioners.

Cindy Ferrier and Anthony W. Norwood, Assistant Attorneys General, U.S. Department of Justice, Washington, DC, for the respondent.

Before SCHROEDER, Chief Judge, TALLMAN, and CALLAHAN, Circuit Judges.

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...

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