Francisco Suazo-Caldamas v. Immigration and Naturalization Service

992 F.2d 1220 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Francisco SUAZO-CALDAMAS, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 91-70655. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 15, 1993. Decided April 29, 1993. Before GOODWIN, HUG and FLETCHER, Circuit Judges. 1 MEMORANDUM * 2 The issues in this case are whether the Board of Immigration Appeals ("Board") properly denied Francisco Suazo-Caldamas' motion to reopen when it found that he had not established the extreme hardship necessary for suspension of deportation, and whether the Board properly denied him the privilege of voluntary departure because the Immigration Judge ("IJ") found some of his deportation hearing testimony incredible. We have jurisdiction under 8 U.S.C. § 1105a. We vacate the Board's denial of the petitioner's motion to reopen to apply for suspension of deportation and the Board's denial of the petitioner's application for voluntary…