Nemecio Escorcia-Garcia v. Immigration and Naturalization Service

891 F.2d 294 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Nemecio ESCORCIA-GARCIA, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 89-70150. United States Court of Appeals, Ninth Circuit. Submitted Oct. 31, 1989. * Decided Dec. 4, 1989. Before ALARCON, O'SCANNLAIN, and LEAVY, Circuit Judges. 1 MEMORANDUM ** OVERVIEW 2 Nemecio Escorcia-Garcia ("Garcia"), a native and citizen of Mexico, seeks review of an order of the Board of Immigration Appeals' ("BIA") dismissing his appeal from the Immigration Judge's ("IJ") order of deportation. The BIA dismissed Garcia's appeal and his subsequent motion to reopen due to his failure to file a timely notice of appeal with the Office of the Immigration Judge. We reverse and remand. DISCUSSION 3 On July 18, 1988, the IJ found that Garcia was deportable and denied his application for a waiver pursuant to section 212(c) of the Immigration and Nationality Act. Garcia was given until July 28, 1988, to file an appeal…