June Abigail Tomas v. Immigration and Naturalization Service

988 F.2d 122 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. June Abigail TOMAS, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 91-70552. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 3, 1993. Decided March 12, 1993. Petition to Review an Order of the Board of Immigration Appeals, INS No. Aao-pkn-ujk. BIA AFFIRMED. Before JAMES R. BROWNING, HUG and KOZINSKI, Circuit Judges. 1 MEMORANDUM * 2 At a hearing before the Immigration Judge ("IJ"), Tomas admitted deportability, but requested additional time to seek asylum. The IJ directed Tomas' attorney to file the application for asylum by February 1, 1988. The attorney mailed the application and it did not arrive until February 4, 1988. On February 2, 1988, the IJ ordered Tomas deported. The appeal filed with the Board of Immigration Appeals ("BIA") was dismissed, the BIA noting that no copy of the application for asylum was filed with the brief and that no copy was in the…