Gasparian v. Holder, No. 11-2231 (1st Cir. 2012)Annotate this Case
Petitioners, a husband and wife and their son, were citizens and natives of Armenia who were ordered removed from the United States following the denial of their asylum claim in 1997. They resided in the country until 2011, when they filed a motion to reopen their asylum claim. The Board of Immigration Appeals (BIA) denied this motion, and Petitioners appealed. The First Circuit Court of Appeals held that, although the BIA's refusal to open must be affirmed, the Court would stay the mandate as to the son for ninety days to allow him to apply for relief because he was a strong candidate for deferred action. To ensure the family was not removed before the government had time to consider the question, the Court also stayed the mandate for ninety days as to the husband and wife.