Valle Magana v. Immigration and Naturalization Service

930 F.2d 31 Unpublished Disposition NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Jose Antonio Del VALLE MAGANA, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 89-70406. United States Court of Appeals, Ninth Circuit. Submitted Dec. 3, 1990. * Decided March 27, 1991. Before JAMES R. BROWNING, PREGERSON and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 On March 5, 1989, the Board of Immigration Appeals ("the Board") dismissed Jose Antonio del Valle-Magana's appeal of an Immigration Judge's decision ordering him deported to Nicaragua. On September 5, 1989, the Board denied Valle-Magana's Motion to Reopen the administrative proceedings. Valle-Magana appeals the Board's denial of the motion, arguing that (1) the Board should have reopened and held the proceedings in abeyance pending adjudication of his visa petition, and (2) the Board should have reopened the proceedings since he now qualifies for voluntary departure. Reviewing for abuse of discretion the…