Pilch v. I.N.S., 97-1008
| Citation | 129 F.3d 969 |
| Decision Date | 20 November 1997 |
| Docket Number | No. 97-1008,97-1008 |
| Parties | Stanislaw PILCH and Zofia Pilch, Petitioners, v. IMMIGRATION AND NATURALIZATION SERVICE and Janet Reno, United States Attorney General, Respondents. |
| Court | U.S. Court of Appeals — Seventh Circuit |
Royal F. Berg (argued), Chicago, IL, for Petitioners.
Samuel Der-Yeghiayan, Immigration & Naturalization Service, Chicago, IL, David M. McConnell, Kristal A. Marlow, James A. Hunolt, Karen Fletcher Torstenson, Department of Justice, Civil Division, Immigration Litigation, Washington, DC, Lisa R. Graves (argued), Department of Justice, Office of Immigration Litigation, Washington, DC, for Respondent Immigration and Naturalization Service.
Janet Reno, United States Attorney, Office of the United States Attorney General, Samuel Der-Yeghiayan, David M. McConnell, Kristal A. Marlow, James A. Hunolt, Department of Justice, Civil Division, Immigration Litigation, Washington, DC, for Respondent Janet Reno.
Before CUMMINGS, FLAUM, and KANNE, Circuit Judges.
Stanislaw Pilch and his wife Zofia reside in Chicago but are citizens of Poland and are parents of three children, who are United States citizens. 1 On May 21, 1993, petitioners were subjects of deportation orders to show cause by the Immigration and Naturalization Service (INS). They first appeared before an immigration judge on August 18, 1993. Accompanied by counsel they next appeared before the immigration judge on January 12, 1994, and designated Poland as the country of deportation. However, their counsel indicated that they were filing for suspension of deportation.
Accompanied by counsel petitioners again appeared before the immigration judge on July 29, 1994, but the case was continued until January 10, 1995. At the conclusion of the hearing on that date, the immigration judge found that the Pilches failed to establish extreme hardship to them or their United States citizen children as required for suspension of deportation. He granted them the privilege of voluntary departure in lieu of deportation.
On January 19, 1995, the Pilches filed a timely notice of appeal with the Board of Immigration Appeals. The Board recognized that the Pilches satisfied the requirements of good moral character and that they had proven seven years of continuous physical presence in the United States. 2 The Board considered that the Pilches' resistance to deportation was "largely based on the general economic conditions of Poland" but recognized that Mr. Pilch is in his mid-thirties, "skilled, healthy, and physically able." The Board also noted that the Pilches would be reunited with a son and most of their family members in Poland and that the hardship to their three younger children in moving to Poland was not extreme, particularly since they speak Polish and have many relations there. Finally, the Board concluded that the Pilches had failed to show extreme hardship to themselves or their children, and therefore their appeal was dismissed. The decision was rendered on December 3, 1996.
The Pilches seek review of the Board's decision to deny the suspension of deportation under § 244 of the Immigration and Nationality Act ( 8 U.S.C. § 1254). Since the transitional rules included in the Illegal Immigration Reform and Immigrant Nationality Act of 1996 (IIRIRA) provide that in cases where the deportation order is entered after a prescribed date there should be no appeal of any discretionary decision under that Section, this petition for review must be dismissed. Section 309(c)(4) of the IIRIRA provides that in a case "in which a final order of exclusion or deportation is entered more than 30 days after the [September 30, 1996] date of the enactment of this Act ... (E) there shall be no appeal of any discretionary decision under section ... 244 ... of the Immigration and Nationality Act ()." Here the final deportation order was entered December 3, 1996, more than...
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