Tariq Hamid v. Immigration & Naturalization Service

On the basis of the Supreme Court’s decision in INS v. Wang, 1981, - U.S. -, 101 S.Ct. 1027 , 67 L.Ed.2d 123 , we grant the petition for rehearing, vacate our Memorandum decision of August 8, 1980, 9 Cir., 626 F.2d 866 , and affirm the Board’s denial of Hamid’s motion to reconsider.

I. Background.

Tariq Hamid, a citizen of Pakistan, was ordered deported in 1974. He appealed this order unsuccessfully, first to the Board of Immigration Appeals and then to this court. Hamid v. INS, 9 Cir., 1976, 538 F.2d 1389 . Thereafter, he moved the Board to reopen proceedings to permit him to apply for suspension of deportation under section 244 of the Immigration and Nationality Act, 8 U.S.C. § 1254 (a). The Board denied this motion and we affirmed in an unpublished Memorandum. Hamid v. INS, 9 Cir., 1978, 577 F.2d 751 .

In June, 1978, Hamid moved the Board to reconsider its denial of his motion to reopen proceedings. The Board denied this motion in a decision dated August 23, 1978, and Hamid petitioned this court for review. In an unpublished Memorandum of August 8, 1980, we vacated the decision of the Board and remanded the matter for further proceedings consistent with the en banc decisions…