Farrokh Yazdi v. U.S. Immigration and Naturalization Service

943 F.2d 56 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Farrokh YAZDI, Petitioner, v. U.S. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 90-70024. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 12, 1991. Decided Sept. 9, 1991. Before BRUNETTI and RYMER, Circuit Judges, and SHANSTROM * , District Judge. MEMORANDUM ** I. Farrokh Aghai Yazdi petitions this court for review of the Board of Immigration Appeals' ("BIA") denial of his motion to reopen and reconsider. We have jurisdiction pursuant to 8 U.S.C. § 1105 (a)(1) and reverse. II. Yazdi is a citizen of Iran. In 1981 he entered the United States as a nonimmigrant student. His student visa was valid through July 23, 1985. On February 23, 1987, the Immigration and Naturalization Service ("INS") issued an Order to Show Cause ("OSC") why Yazdi should not be deported. The OSC alleged that Yazdi "violated the terms of [his] nonimmigrant status by willfully failing to provide full and…