Darwin Jose Palacios v. Immigration and Naturalization Service

995 F.2d 232 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Darwin Jose PALACIOS, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. No. 91-70188. United States Court of Appeals, Ninth Circuit. Submitted May 7, 1993. * Decided June 3, 1993. Before KOZINSKI, SUHRHEINRICH ** and T.G. NELSON, Circuit Judges. 1 MEMORANDUM *** 2 Petitioner Darwin Jose Palacios, a native and citizen of Nicaragua, petitions for review of the Board of Immigration Appeal's ("BIA") order upholding an immigration judge's denial of petitioner's motion to reopen. We have jurisdiction pursuant to 8 U.S.C. § 1105a(a). We affirm. DISCUSSION 3 Section 242(b) of the Immigration and Naturalization Act (INA), provides that an immigration judge may, in his discretion, conduct a deportation hearing in absentia if the alien has been given a reasonable opportunity to be present and fails to appear without reasonable cause. 8 U.S.C. § 1252 (b); INS v. Lopez-Mendoza, 468 U.S. 1032,…