Unpublished Disposition, 859 F.2d 154 (9th Cir. 1988)

ORDER

On January 20, 1987, we stayed proceedings in this case until further order pending disposition of petitioners' application for legalization under the Immigration Reform and Control Act of 1986.

On December 16, 1987, Mr. Aleman-Hernandez's status was adjusted to "that of an alien lawfully admitted for temporary residence" pursuant to the Immigration Reform and Control Act of 1986, 8 U.S.C. § 1255a(a). On December 28, 1987, Mrs. Lina De Aleman was also granted temporary resident status. Under the applicable law, petitioners must now wait a minimum of 18 months, and at a maximum 30 months, before they can apply for permanent residency. 53 Fed.Reg. 9280 (March 21, 1988) (to be codified at 8 C.F.R. Sec. 245(4) (c)).

We therefore dismiss the petition for review without prejudice to reinstatement. If, by termination of their temporary residency status, by denial of their applications for permanent residency status, or by any other means, petitioners become subject to deportation pursuant to the order of deportation now under review, petitioners may refile their petition for review. If the petitioners refile their petition, the clerk shall assign the case to a three-judge panel in the normal manner.