Rafael Palafox-Esparza v. Immigration and Naturalization Service

980 F.2d 738 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Rafael PALAFOX-ESPARZA, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 91-70232. United States Court of Appeals, Ninth Circuit. Nov. 24, 1992. 1 Before KOZINSKI and DAVID R. THOMPSON, Circuit Judges, and REA, District Judge. ** 2 MEMORANDUM *** OVERVIEW 3 Petitioner Rafael Palafox-Esparza appeals the decision of the Board of Immigration Appeals holding that petitioner was not statutorily eligible for suspension of deportation. Petitioner contends that his voluntary departures in 1983 and 1984 were obtained after the INS failed to adequately apprise him of rights, that his return to Mexico in 1985 was brief, casual and innocent, and that these departures should therefore not affect his statutory eligibility. We have jurisdiction under 8 U.S.C. § 1105a(a), and we affirm. FACTS 4 Petitioner is a thirty-one year old citizen and native of Mexico, unmarried, with no children. In 1976, at…