Niaz Ahmed Shamsi v. Immigration & Naturalization Service

977 F.2d 591 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Niaz Ahmed SHAMSI, Petitioner, v. IMMIGRATION & NATURALIZATION SERVICE, Respondent. No. 91-70321. United States Court of Appeals, Ninth Circuit. Submitted Oct. 9, 1992. * Decided Oct. 14, 1992. Before FARRIS, LEAVY and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Petitioner Niaz Ahmed Shamsi, a native and citizen of Pakistan, petitions for review of the Board of Immigration Appeals' ("BIA") denial of his motion to reopen deportation proceedings in order to seek suspension of deportation pursuant to 8 U.S.C. § 1254 (a)(1). The Immigration Judge ("IJ") found Shamsi deportable under section 241(a)(2) as a nonimmigrant who remained longer than permitted. See 8 U.S.C. § 1251 (a)(2). Shamsi requested a continuance of his deportation proceeding pending the adjudication and subsequent appeal of the INS's denial of the immediate relative petition. The IJ denied the request and petitioner was ordered to depart…