Beatriz Jose Dragon, AKA Barbara J. Cunningham v. Immigration and Naturalization Service

748 F.2d 1304 Beatriz Jose DRAGON, aka Barbara J. Cunningham, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 83-7338. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 12, 1984. Decided Dec. 3, 1984. Robert S. Bixby, Fallon, Hargreaves, Bixby, & McVey, San Francisco, Cal., for petitioner. Mark C. Walters, Immigration Litigation, Washington, D.C., for respondent. Petition for Review of Orders of the Board of Immigration Appeals. Before PHILLIPS, * FLETCHER, and REINHARDT, Circuit Judges. REINHARDT, Circuit Judge: 1 Dragon petitions for review of the decisions of the Board of Immigration Appeals (BIA) denying her application for permission to reapply nunc pro tunc for admission into the United States and her motion to reopen deportation proceedings. For the reasons stated below, we reverse and remand for further proceedings. 2 * Beatriz Jose Dragon is a 35-year old native and citizen of the Philippines. She first entered the United States in 1969 as a visitor and later changed her status to spouse of a nonimmigrant student. 1 On May 15, 1974, an Immigration Judge found her deportable for staying in the United States longer than…